In the Matter of the Claims of Louis A. Ferrara et al., Respondents. Martin P. Catherwood, as Industrial Commissioner, Appellant; National Airlines, Inc., Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 29, 1961.
Decided May 25, 1961.
Attorney(s) appearing for the Case
Louis J. Lefkowitz, Attorney-General (Samuel Stern and Paxton Blair of counsel), for Martin P. Catherwood, appellant.
Herman I. Meltzer for National Airlines, Inc., appellant.
Stephen C. Vladeck and Judith P. Vladeck for Louis A. Ferrara and others, respondents.
Parnell J. T. Callahan and Lester Rosenbaum for Helmut Etzbach and others, respondents.
Mahlon Z. Eubank for Commerce and Industry Association of New York, Inc., amicus curiæ.
Chief Judge DESMOND and Judges DYE, BURKE and FOSTER concur with Judge FULD; Judges FROESSEL and VAN VOORHIS dissent and vote to reverse and to reinstate the determination of the Industrial Commissioner upon the ground that a restricted interpretation of the word "establishment" as used in subdivision 1 of section 592 of the Labor Law was not intended by the Legislature and would operate to defeat the purpose of the statute.
Court of Appeals of the State of New York.
FULD, J.
This appeal — as well as those in three other cases also decided today1 — poses a novel question of law touching on an important aspect in the administration of the Unemployment Insurance Law (Labor Law, art. 18) requiring us to determine the meaning of the term "establishment" as used in subdivision 1 of section 592....
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