MATTER OF ALLEN v. NEW WORLD BLDG. CORP.


11 A.D.2d 968 (1960)

In the Matter of the Claim of George Allen, Appellant-Respondent, and Kenneth A. Fisher et al., Appellants-Respondents, v. New World Building Corporation et al., Respondents. Workmen's Compensation Board, Respondent In the Matter of the Claim of Buren Phillips, Appellant-Respondent, and Kenneth A. Fisher et al., Appellants-Respondents, v. Charles E. Vagele et al., Respondents. Workmen's Compensation Board, Respondent

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

September 28, 1960


The failure of the board to file a brief is not, of itself, determinative. While our decision that the Michigan Mutual Liability Company was not the compensation insurance carrier may be considered adverse as to the other employers and carriers presently assessed the costs, our further order reversing and remitting was against the decision of the board. It therefore seems equitable that they should be included in the assessment of the costs. Accordingly, our prior orders...

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