Legal Opinion · Dissent

Claim of Vassilakis v. Fairfax Hotel Co.

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

Decided November 18, 1920Published

Appeal by the defendants, Fairfax Hotel Company, Inc., and another, from an award and order of the State Industrial Commission, entered in the New York office of said Commission on the 15th day of December, 1919.

1Dissent

John M. Kellogg, P. J. (dissenting):

The Commission, as the result of a clerical error, has given the name of the employee as Joseph. This mistake may be disregarded or corrected under sections 721 and 1317 of the Code of Civil Procedure. It does not call for the reversal of the award or sending of the case back to the Commission.

I cannot agree that section 72 of the Workmen’s Compensation Law requires that the evidence of foreign witnesses be taken by deposition. It provides: “The Commission may cause depositions of witnesses residing within or without the State to be taken in the manner…

2Cases cited2 opinions

  1. Claim of Moran v. Rodgers & Hagerty, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
  2. Claim of Bonnano v. Metz Bros.Appellate Division of the Supreme Court of the State of New York · 1919

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