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DALY v. Opportunities for Broome, Inc.

In the Matter of the Claim of Debra Daly, Appellant, v. Opportunities for Broome, Inc., Et Al., Respondents. Workmen’s Compensation Board, Respondent

Daly v. Opportunities for Broome, Inc., 352 N.E.2d 133 (N.Y. 1976)
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Court
New York Court of Appeals · State Highest Courts
Decided
June 2, 1976
Judges
Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur
Citations
352 N.E.2d 13339 N.Y.2d 862386 N.Y.S.2d 2161976 N.Y. LEXIS 2809
Cited by 15

Opinion

Memorandum. The order of the Appellate Division should be reversed and the determination of the Workmen’s Compensation Board reinstated.

Although there may have been some evidence to rebut the presumption of a work-connected injury (Workmen’s Compensation Law, § 21), there was no showing that the Workmen’s Compensation Board credited this proof or found that the presumption had been rebutted. In view of this the Appellate Division erred in holding that there was no proof to sustain the board’s finding because there was a continuing presumption of fact by virtue of the statute.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order reversed, with costs, and the decision of the Workmen’s Compensation Board reinstated in a memorandum.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 15 cases

View all citing references →
1976: 41977: 21980: 21981: 11982: 11984: 21986: 11994: 11999: 119762026peak 1976 · 4

Relies on it most ⓘ

  1. Iacovelli v. New York Times Co.124 A.D.2d 324 (1986)
  2. Claim of Yarter v. S. R. Beltrone, Inc.89 A.D.2d 687 (1982)
  3. Claim of Cargain v. Poritzky's Meat Co.58 A.D.2d 907 (1977)
  4. Rosen v. First Manhattan Bank641 N.E.2d 1073 (N.Y. 1994)
  5. Claim of Fallon v. National Gypsum Co.53 A.D.2d 745 (1976)
  6. Claim of Stein v. New York Times Co.78 A.D.2d 757 (1980)

Most recent

  1. Claim of Salters v. Town of Woodstock267 A.D.2d 720 (1999)
  2. Rosen v. First Manhattan Bank641 N.E.2d 1073 (N.Y. 1994)
  3. Iacovelli v. New York Times Co.124 A.D.2d 324 (1986)
  4. Claim of Stover v. Mitchell Transport Co.103 A.D.2d 885 (1984)
  5. Claim of Gardeski v. Dynamic Auto Body, Inc.103 A.D.2d 889 (1984)
  6. Claim of Yarter v. S. R. Beltrone, Inc.89 A.D.2d 687 (1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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