Legal Opinion · Dissent
Claim of Griffin v. John Civetta & Sons
Appellate Division of the Supreme Court of the State of New York
Decided July 19, 1979Published
1DissentMikoll, J.
Mikoll, J. (dissenting). I respectfully dissent. The finding of the board discharging the Special Disability Fund is not supported by substantial evidence. Arthur W. Cooke, a superintendent for appellant John Civetta & Sons, testified that he was empowered to hire and fire employees for appellant. He was aware of the claimant’s bad back before his accident. He also said that he considered a bad back as a permanent thing based on experience with his own back which recurrently bothered him. Further, his statement which was made close to the time of claimant’s accident, indicated full knowledge…
2Cases cited5 opinions
- Claim of Belluci v. Tip Top Farms, Inc.New York Court of Appeals · 1969
- Claim of Hendricks v. Toro Power House, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Claim of Wall v. Premium Transport ServiceAppellate Division of the Supreme Court of the State of New York · 1979
- Matter of Hendricks v. Toro Power House, Inc.New York Court of Appeals · 1977
- the Claim of Kumatsky v. George M. Still, Inc.Appellate Division of the Supreme Court of the State of New York · 1976