Legal Opinion
Matter of Pessel v. Rh MacY & Co., Inc.
New York Court of Appeals
Decided October 23, 1973PublishedCited by 6 opinions
1Opinion of the Court
Order affirmed, with costs to the Workmen’s Compensation Board, on the opinion at the Appellate Division.
Concur: Chief Judge Fuld and Judges Burke, Breitel, Gabrielli, Jones and Wachtler. Judge Jasen dissents and votes to reverse in the following memorandum: I would reverse the order of the Appellate Division and dismiss the claim on the ground that the record does not support a finding of ‘‘ suddenness of causation ” or ‘‘ suddenness of result ”, an essential element of a compensable industrial accident. (See Matter of Greensmith v. Franklin Nat. Bank, 21 A D 2d 576, affd. 16 N Y 2d 973.)
2Cited by6 opinions
- Johannesen v. New York City Department of Housing Preservation & DevelopmentNew York Court of Appeals · 1994
- Middleton v. Coxsackie Correctional FacilityNew York Court of Appeals · 1975
- Claim of Kozlowski v. Howard Sober, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Claim of Cortese v. Rochester Products Division, G.M.C.Appellate Division of the Supreme Court of the State of New York · 1982
- Claim of McCabe v. Watertown Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2003
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