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MATTER OF STREIT v. 303 CHERRY ST. CO.

32 A.D.2d 980 (1969)

In the Matter of the Claim of Murray Streit, Respondent, v. 303 Cherry Street Co. et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

July 1, 1969

REYNOLDS, J.

To sustain a claim under subdivision 8 of section 15 an employer must have sufficient prior knowledge of the nature and extent of the pre-existing impairment, including its permanency. In Matter of Bellucci v. Tip Top Farms (24 N.Y.2d 416, 420) the Court of Appeals on the issue of knowledge of permanency stated that "the policy of the statute and the rationale of the knowledge requirement are met...

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