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MATTER OF FARBER v. HARBOR SHOES CO., INC.

10 N.Y.2d 875 (1961)

In the Matter of the Claim of Sonia Farber, Respondent, v. Harbor Shoes Company, Inc., et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided October 19, 1961.

Attorney(s) appearing for the Case

Kenneth K. Floyd and Philip J. Caputo for appellants.

Louis J. Lefkowitz, Attorney-General (Jorge L. Gomez, Paxton Blair and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

No appearance for claimant-respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Order reversed and matter remitted to the Workmen's Compensation Board for a new hearing. The hypothetical question addressed to the physician who testified for this claimant, and on which he based his opinion, included assumptions as to the events of February 1, 1957 which, in part, were not based on evidence and, in other respects, were based on uncorroborated hearsay testimony of claimant (Workmen's Compensation Law, § 118...

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