MATTER OF SEELER v. OTIS ELEVATOR CO.


281 A.D. 140 (1952)

In the Matter of the Claim of Charles J. Seeler, Respondent, v. Otis Elevator Company et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1952.


Attorney(s) appearing for the Case

Charles P. Barre for appellants.

Nathaniel L. Goldstein, Attorney-General (John J. Quinn and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

Samuel Israel for claimant-respondent.

BREWSTER, BERGAN and HALPERN, JJ., concur.


FOSTER, P. J.

Appeal by an employer and its insurance carrier from an award of compensation made by the Workmen's Compensation Board to an injured workman.

The issues involved are those of jurisdiction, res judicata, waiver and estoppel. The accident occurred August 7, 1944, on the U. S. S. Bennington, which was under construction in the Brooklyn Navy Yard. Claimant was employed as an elevator...

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