MATTER OF CHAVKIN v. ROTTER


20 A.D.2d 158 (1963)

In the Matter of the Claim of Nathan Chavkin, Respondent, v. Jack Rotter, Doing Business as Rotter Bros., et al., Appellants. Workmen's Compensation Board, Respondent

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

December 27, 1963.


Attorney(s) appearing for the Case

William P. Hastorf for appellants.

Louis J. Lefkowitz, Attorney-General (Harry Rackow and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Finn & Rebecchi for claimant-respondent.

BERGAN, P. J., GIBSON, HERLIHY and REYNOLDS, JJ., concur.


TAYLOR, J.

At about 2:00 P.M. on December 7, 1961 claimant, a clerk in the employer's retail cigar and stationery store and as such accountable for its daily receipts, detected "a fellow * * * sticking his hand behind the register". An immediate examination of its open drawer disclosed that $40 were missing therefrom. Claimant accused a nearby customer of the theft of the money. A verbal altercation marked by heated accusations, denials and a threat of...

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