MATTER OF NIEDER v. GARRETT BUSCH SON, INC., 262 N.Y. 656 (1933)

188 N.E. 108

In the Matter of the Claim of WILLIAM NIEDER, Respondent, against GARRETT BUSCH SON, INC., Respondent, and COAL MERCHANTS MUTUAL INSURANCE COMPANY, Appellant. STATE INDUSTRIAL BOARD, Respondent.

Court of Appeals of the State of New York.Submitted October 3, 1933
Decided October 17, 1933

Appeal from the Supreme Court, Appellate Division, Third Department.

Page 657

Jeremiah F. Connor for appellant.

John J. Bennett, Jr., Attorney-General (Henry Epstein an John R. O’Hanlon of counsel), for State Industrial Board, respondent.

Order of the Appellate Division reversed and claim dismissed as against appellant insurance company, with costs against the State Industrial Board, on the ground that the work which claimant was doing at the time of his injury was not covered by the policy. No opinion.

Concur: POUND, Ch. J., LEHMAN, KELLOGG, O’BRIEN and CROUCH, JJ. Dissenting: CRANE and HUBBS, JJ.