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Matter of Manolakis v. Edison Steamship Corp.

Appellate Division of the Supreme Court of New York, Third Department
Feb 20, 1962
15 A.D.2d 845 (N.Y. App. Div. 1962)

Opinion

February 20, 1962

Present — Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ.


Appeal by claimant from a majority decision of the Workmen's Compensation Board reversing the decision of a Referee and disallowing the claim on the ground that the injury did not arise out of and in the course of his employment. Claimant employed as a chartering manager of a steamship corporation, the president of which was his brother-in-law, fell while descending a stairway in the latter's Summer home on Long Island in the late evening of Saturday, July 18, 1959, sustaining injuries which gave rise to his claim for compensation. In reversing the decision of the Referee, the board disbelieved "the testimony of the claimant and the employer that the claimant's presence at the summer home was of a business nature" and found "that the claimant was at the employer's summer home as a social guest and that the injury did not arise out of and in the course of employment." The question of credibility is strictly within the province of the board and it was not bound as a matter of law to accept the testimony of claimant and his employer. The rejection of this evidence denuded the record of proof connecting the accident with the employment. ( Matter of Daus v. Gunderman Sons, 283 N.Y. 459; Matter of Gordon v. Gordon Hyman, 11 A.D.2d 833, motion for leave to appeal denied 8 N.Y.2d 710; Matter of Brenner v. Utilities Laundry, 14 A.D.2d 626.) Decision of the Workmen's Compensation Board unanimously affirmed, without costs.


Summaries of

Matter of Manolakis v. Edison Steamship Corp.

Appellate Division of the Supreme Court of New York, Third Department
Feb 20, 1962
15 A.D.2d 845 (N.Y. App. Div. 1962)
Case details for

Matter of Manolakis v. Edison Steamship Corp.

Case Details

Full title:In the Matter of the Claim of JOHN MANOLAKIS, Appellant, v. EDISON…

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

Date published: Feb 20, 1962

Citations

15 A.D.2d 845 (N.Y. App. Div. 1962)

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