Claim of Mitskevich v. Grumman Aircraft Engineering Corp.

Herlihy, J. (dissenting).

The admittedly unwitnessed fall of the decedent made applicable the presumption under section 21 of the Workmen’s Compensation Law and while I do not agree with the interpretation of the facts as outlined in the majority opinion, or the method adopted in making applicable the presumption, a line of decisional law seems to suggest that an award, if properly made, can be affirmed in this case. (See Matter of Hoffman v. New York Cent. R. R. Co., 290 N. Y. 277; Matter of Sleator v. National City Bank, 285 App. Div. 393; Matter of Moraes v. National Biscuit Co., 2 A D 2d…