Marzen v. Town of Huntington
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order of the county judge of the county of Suffolk and the judgment entered thereon reversed upon the law and the facts and a new hearing ordered, costs to abide the event. We are of the opinion that the record is sufficient to show that Nicholas Marzen died from injuries incurred while in the performance of his duties. There is, however, no finding in the record to this effect. The ground upon which the county judge rendered his decision cannot be sustained. We are satisfied from the evidence that Marzen died from injuries incurred while working at the fire in question. Whether he was at the…