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Matter of Connelly v. Connelly

Appellate Division of the Supreme Court of New York, Third Department
Nov 16, 1938
255 App. Div. 909 (N.Y. App. Div. 1938)

Opinion

November 16, 1938.

Appeal from State Industrial Board.

Present — Hill, P.J., Rhodes, McNamee, Crapser and Bliss, JJ.


The employer was engaged in the business of shipwrecking and the claimant was employed as a foreman and laborer. The appellant raised the points that there was no coverage as the work was being done by a copartnership and that the claimant sustained his injuries on a boat in navigable waters. The work being done was wrecking two boats without machinery and for the purpose of turning them into scrap iron, and, therefore, the Workmen's Compensation Law applied. ( Matter of Jones v. International Mercantile Marine Co., 252 App. Div. 347; 277 N.Y. 640.) There was no proof of a partnership but conclusive proof that James J. Connelly, Sr., was the employer and James J. Connelly, Jr., an employee. Award unanimously affirmed, with costs to the State Industrial Board.


Summaries of

Matter of Connelly v. Connelly

Appellate Division of the Supreme Court of New York, Third Department
Nov 16, 1938
255 App. Div. 909 (N.Y. App. Div. 1938)
Case details for

Matter of Connelly v. Connelly

Case Details

Full title:In the Matter of the Claim of JAMES J. CONNELLY, JR., Respondent, against…

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

Date published: Nov 16, 1938

Citations

255 App. Div. 909 (N.Y. App. Div. 1938)