Legal Opinion

Claim of Seymour v. Rivera Appliances Corp.

New York Court of Appeals

Decided May 26, 1971PublishedCited by 27 opinions

1Opinion of the CourtBurke, J.

During an afternoon break, an argument developed between two of respondent’s coemployees, Carmelo Cordero and Irma Rodriguez. Decedent, also an employee, intervened in behalf of Miss Rodriguez. A quarrel and then a fight with Cordero and Ishmael Rodriguez ensued. After the fight had been broken up, Cordero and Rodriguez left the premises. Decedent and a friend followed, and a second fight occurred outside. The next day Cordero and Rodriguez returned and shot and killed decedent.

A witness testified that decedent would assist new employees in learning their jobs. The board found that decedent…

2Cases cited4 opinions

  1. Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
  2. Claim of Verschleiser v. Joseph Stern & SonNew York Court of Appeals · 1920
  3. Matter of Scholtzhauer v. . C. L. Lunch Co.New York Court of Appeals · 1922
  4. Claim of Burns v. Merritt Engineering Co.New York Court of Appeals · 1951

3Cited by27 opinions

  1. Claim of Lemon v. New York City Transit AuthorityNew York Court of Appeals · 1988
  2. Rosen v. First Manhattan BankNew York Court of Appeals · 1994
  3. Claim of Rosen v. First Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1994
  4. Claim of Russo v. HRT, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Claim of Gutierrez v. Courtyard by MarriottAppellate Division of the Supreme Court of the State of New York · 2007

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