MATTER OF VICARI v. RIALTO FRUIT SHOP, INC.


32 A.D.2d 679 (1969)

In the Matter of the Claim of Frank Vicari, Respondent, v. Rialto Fruit Shop, Inc., et al., Respondents, and Public Service Mutual Insurance Co., Appellant. Workmen's Compensation Board, Respondent

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

May 1, 1969


REYNOLDS, J.

Appellant admits that it issued a renewal policy covering the employer for one year commencing November 18, 1965 but asserts that "The insured returned the policy as not wanted." On January 20, 1966 appellant notified the Chairman of the Workmen's Compensation Board of the cancellation of the policy, effective November 18, 1965, but no notice was served on the employer as mandated by subdivision 5 of section 54. The question is thus whether...

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