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Matter of D'Emarese v. Olive Oil Industry, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1953
281 App. Div. 780 (N.Y. App. Div. 1953)

Opinion

January 14, 1953.

Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.


Appeal by the employer and its insurance carrier from an award of disability compensation. The employer was engaged in the exporting and importing business and claimant was its office manager. At the express direction of the employer, claimant was present in a night club assisting in entertaining business guests and participating in the discussion of a very substantial business transaction. Claimant had nothing to drink, but the air in the club was stuffy and he felt dizzy. He went up some steps and outside to get some air. He collapsed and fell striking his head against something and fracturing his leg. The board has found that claimant sustained accidental injuries and that they arose out of and in the course of his employment. There is evidence and proper inferences which may be drawn therefrom sufficient to sustain the findings. Award affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of D'Emarese v. Olive Oil Industry, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1953
281 App. Div. 780 (N.Y. App. Div. 1953)
Case details for

Matter of D'Emarese v. Olive Oil Industry, Inc.

Case Details

Full title:In the Matter of the Claim of MARIO D'EMARESE, Respondent, against OLIVE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 14, 1953

Citations

281 App. Div. 780 (N.Y. App. Div. 1953)