MATTER OF PESSEL v. R. H. MACY & CO., INC.


33 N.Y.2d 721 (1973)

In the Matter of Miriam Pessel, Respondent, v. R. H. Macy & Co., Inc. et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided October 23, 1973.


Attorney(s) appearing for the Case

Anne G. Kafka for appellants.

Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER. Dissent: Judge JASEN.


Order affirmed, with costs to the Workmen's Compensation Board, on the opinion at the Appellate Division.

Judge JASEN dissents and votes to reverse in the following memorandum: I would reverse the order of the Appellate Division and dismiss the claim on the ground that the record does not support a finding of "suddenness of causation" or "suddenness of result", an essential element of a compensable industrial accident. (See Matter of Greensmith v....

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