Legal Opinion
Claim of Surdi v. Premium Coal & Oil Co.
New York Court of Appeals
Decided January 8, 1981PublishedCited by 10 opinions
1Opinion of the Court
*862OPINION OF THE COURT
Order reversed, with costs, and the penalty fixed by the referee reinstated for reasons stated in the dissenting memorandum by Presiding Justice A. Franklin Mahoney at the Appellate Division (71 AD2d, at p 965), to which we add only that as in Kurcsics v Merchants Mut. Ins. Co. (49 NY2d 451, 459) so here the issue is one of legislative intent rather than administrative expertise.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
2Cases cited1 opinion
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
3Cited by10 opinions
- Claim of Keser v. New York State Elmira Psychiatric CenterNew York Court of Appeals · 1998
- Claim of White v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
- Anderson v. Central New York Developmental Disabilities Service OfficeAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Voorhees v. Wal-MartAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Schell v. RightAppellate Division of the Supreme Court of the State of New York · 2004
5 more not listed; retrieve them via the Exa API.