Legal Opinion · Dissent

Claim of Greensmith v. Franklin National Bank

Appellate Division of the Supreme Court of the State of New York

Decided July 30, 1964Published

1Dissent

Reynolds, J. (dissenting).

I agree with the dissenting member of the board and with a statement made by the Referee in the record before making the award that there was nothing accidental here. It seems clear that the record is without evidence to support the finding of an accident. Additionally, in my view, there is no substantial evidence in the record upon which a finding of causal relationship could be made.

*580I would like to discuss first the question of whether there was any probative medical evidence to support a finding that claimant’s condition was attributable to her exposure to the air…

2Cases cited7 opinions

  1. Claim of Masse v. James H. Robinson Co.New York Court of Appeals · 1950
  2. Matter of Lerner v. Rump Bros.New York Court of Appeals · 1925
  3. Claim of Gioia v. A. J. Courtmel Co.Appellate Division of the Supreme Court of the State of New York · 1953
  4. Claim of Deyo v. Village of Piermont, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
  5. Claim of Lurye v. Stern Bros. Department StoreNew York Court of Appeals · 1937

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