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MATTER OF MILLE v. LA SALA BROTHERS, INC

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 1928
225 App. Div. 714 (N.Y. App. Div. 1928)

Opinion

November, 1928.


Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that the policy was not produced, and it was not established that it was lost or destroyed, and, therefore, secondary evidence as to its contents was not competent; furthermore it appears that the employer did not pay premiums calculated on the work of the particular job in which the claimant was injured. There should be further proof on the question of the coverage of this particular work. Davis, Whitmyer and Hasbrouck, JJ., concur; Van Kirk, P.J., and Hinman, J., vote for dismissal on the ground that the proof is sufficient, and discloses that the Thirty-sixth street job was not covered by the policy.


Summaries of

MATTER OF MILLE v. LA SALA BROTHERS, INC

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 1928
225 App. Div. 714 (N.Y. App. Div. 1928)
Case details for

MATTER OF MILLE v. LA SALA BROTHERS, INC

Case Details

Full title:In the Matter of the Claim of GUISEPPE MILLE, Respondent, against LA SALA…

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

Date published: Nov 1, 1928

Citations

225 App. Div. 714 (N.Y. App. Div. 1928)

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