Claims of Babington v. Yellow Taxi Corp.

Hasbrouck, J. (dissenting).

This claim was before this court in 1927 when it reversed an award commuted on the basis that the claimant was an alien. The ground of the reversal was that she was a citizen of the United States and, therefore, could not have a commuted award. Other questions were raised on the argument of the appeal. Of them Mr. Justice Hinman wrote: “ Other grounds of appeal have been presented and considered but none of them requires a reversal except one.” (Matter of Babington v. Yellow Taxi Corporation, 219 App. Div. 495.) Following this decision in 1927 hearings were held and…