Claim of Sleator v. National City Bank
Appellate Division of the Supreme Court of the State of New York
1DissentCoon, J.
I vote to reverse and dismiss the claim. In my view the findings on autopsy and the positive medical proof, together with the other undisputed evidence in the case, establish conclusively that decedent’s death was solely due to his pre-existing heart disease, unrelated to his work. Decedent had been near death on previous occasions because of the very bad condition of his heart. The autopsy produced no evidence of any fresh heart damage. "While two doctors who had never seen decedent expressed opinions, in answer to a hypothetical question, in support of causal relation, in my opinion both…
2Cases cited4 opinions
- Claim of Kopec v. Buffalo Brake Beam-Acme Steel & Malleable Iron WorksNew York Court of Appeals · 1952
- Claim of McCormack v. National City BankNew York Court of Appeals · 1951
- Hayes v. S. Stroock & Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Claim of Yarkum v. RosenblumAppellate Division of the Supreme Court of the State of New York · 1954