Legal Opinion

Claim of Whalen v. Allied Messenger Service

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

Decided December 2, 1960PublishedCited by 3 opinions

1Opinion of the CourtHerlihy, J.

J. The claimant, an employee of the employer, ceased work on May 8, 1957 and was disabled until August 1, 1957. A notice of proof of claim for disability benefits was filed May 3,1958, claimant stating that he was unaware of his rights to benefits during his illness. The employer by letter, dated September 29, 1958, stated it intended to supply the necessary forms at the time of the claimant’s discontinuance of employment due to a nonoecupational heart condition but its supply was exhausted and it thereafter failed to furnish them to claimant. However, no representations were made to the…

2Cases cited3 opinions

  1. Claim of O'Esau v. E. W. Bliss Co.Appellate Division of the Supreme Court of the State of New York · 1919
  2. Cooper-Snell Co. v. . State of New YorkNew York Court of Appeals · 1921
  3. Wilmore v. . FlackNew York Court of Appeals · 1884

3Cited by3 opinions

  1. Claim of Croon v. Breitfellers Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  2. Claim of Kopystecki v. John C. Mandel Security Bureau, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  3. Claim of Solomon v. Glickstein, Lurie, Ostrin & LubellAppellate Division of the Supreme Court of the State of New York · 1984

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