Legal Opinion

Claim of Dietz v. Solomonwitz

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

Decided September 13, 1917PublishedCited by 2 opinions

Appeal by the defendant, Harry Solomonwitz, and another from an award of the State Industrial Commission, made on the 24th day of January, 1917.

1Opinion of the Court

Lyon, J.:

The award appealed from was made on account of injuries resulting from an assault made upon the claimant. Through the action of the criminal court the assailants have paid to the claimant certain sums of money. The question involved upon this appeal is whether the employer is entitled to have the moneys so paid applied in reduction of his liability under the Workmen’s Compensation Law.

The claimant was a paperhanger. In April, 1916, while at work in the borough of Brooklyn, city of New York, he was approached by two members of a rival labor union and told there was a strike upon the…

2Cases cited3 opinions

  1. Lester v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1915
  2. Miller v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. Claim of Woodward v. E. W. Conklin & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1916

3Cited by2 opinions

  1. Claim of Solomone v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1920
  2. Claim of Spang v. Broadway Brewing & Malting Co.Appellate Division of the Supreme Court of the State of New York · 1918

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