MTR. OF BRIENZA v. LE CHASE CONSTR. CORP.


17 A.D.2d 83 (1962)

In the Matter of the Claim of Michael Brienza, Appellant, v. Le Chase Construction Corp., et al., Respondents. Workmen's Compensation Board, Respondent

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

July 26, 1962.


Attorney(s) appearing for the Case

Samuel Weinreb for appellant.

Braiman & Braiman (Edward M. Braiman of counsel), for Le Chase Construction Corp., and another, respondents.

BERGAN, P. J., GIBSON and TAYLOR, JJ., concur with HERLIHY, J.; REYNOLDS, J., dissents, in an opinion, and votes to affirm.


HERLIHY, J.

When the matter was first before the board, it was remitted to the Referee to give the parties an opportunity of producing proof as to whether or not the site of the alleged accident occurred on a city street. Thereafter the Referee found in favor of the claimant but the board reversed and held, in part, as follows: "In the absence of proof that the employer had failed to maintain a safe egress and...

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