MATTER OF GROSS v. MARY HERBERT FASHIONS (BETTER)


15 A.D.2d 626 (1961)

In the Matter of the Claim of Edna K. Gross, Appellant, v. Mary Herbert Fashions (Better) et al., Respondents. Workmen's Compensation Board, Respondent

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

December 29, 1961


The facts in this case are undisputed. Respondent employer, engaged in the production of dresses, employed claimant in 1953. It is customary for a slack period to develop in the employer's production each year usually in June. During this period the employer would temporarily lay off its employees, including claimant, subject to recall when the slack season had ended. Such a period occurred in June of 1957 and claimant was informed that she would be off from June 7, 1957...

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