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Sifkowitz v. International Railway Company

Court of Appeals of the State of New York
Oct 26, 1928
164 N.E. 585 (N.Y. 1928)

Summary

In Sifkowitz v. International Ry. Co. (249 N.Y. 565) it was held that even though payments may have been advanced to an injured party by an insurance carrier, they are not regarded as payments of compensation where no award of compensation had ever been made nor a hearing had before the State Industrial Commission. (See, also, Godfrey v. Brooklyn Edison Co., 115 Misc. 21, 24, affd. on opinion below 196 A.D. 980; Hodges v. Bewley Truesdale Contr. Co., 231 A.D. 495; Moses v. Contower Realty Corp., 63 N.Y.S.2d 889; Employers' Liability Assurance Corporation v. Fisher, 13 N.Y.S.2d 902.)

Summary of this case from Mezzanotte v. Maurer

Opinion

Argued October 12, 1928

Decided October 26, 1928

Appeal from the Supreme Court, Appellate Division, Fourth Department.

Noel S. Symons, John J.K. Caskie and Robert E. Miller for appellant.

Julius A. Grass and Alfred W. Mowitz for respondent.


Judgment affirmed, with costs; no opinion.

Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.


Summaries of

Sifkowitz v. International Railway Company

Court of Appeals of the State of New York
Oct 26, 1928
164 N.E. 585 (N.Y. 1928)

In Sifkowitz v. International Ry. Co. (249 N.Y. 565) it was held that even though payments may have been advanced to an injured party by an insurance carrier, they are not regarded as payments of compensation where no award of compensation had ever been made nor a hearing had before the State Industrial Commission. (See, also, Godfrey v. Brooklyn Edison Co., 115 Misc. 21, 24, affd. on opinion below 196 A.D. 980; Hodges v. Bewley Truesdale Contr. Co., 231 A.D. 495; Moses v. Contower Realty Corp., 63 N.Y.S.2d 889; Employers' Liability Assurance Corporation v. Fisher, 13 N.Y.S.2d 902.)

Summary of this case from Mezzanotte v. Maurer
Case details for

Sifkowitz v. International Railway Company

Case Details

Full title:FRANK SIFKOWITZ, Respondent, v. INTERNATIONAL RAILWAY COMPANY, Appellant

Court:Court of Appeals of the State of New York

Date published: Oct 26, 1928

Citations

164 N.E. 585 (N.Y. 1928)
164 N.E. 585

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