# Claim of Avery v. City or Middletown

> New York Court of Appeals · November 15, 1973 · 33 N.Y.2d 771

URL: https://www.frixlaw.com/law-library/cases/5528594

## Case

- **Full name:** In the Matter of the Claim of Leona Avery v. City or Middletown, Workmen's Compensation Board
- **Court:** New York Court of Appeals
- **Decided:** November 15, 1973
- **Citations:** 33 N.Y.2d 771; 350 N.Y.S.2d 412; 305 N.E.2d 492; 1973 N.Y. LEXIS 954
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Jasen
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5528594

## Opinion text

Order reversed, with costs against the respondent city, on the dissenting opinion at the Appellate Division, the determination of the Workmen’s Compensation Board vacated, and the Referee’s decision reinstated.
Concur: Chief Judge Fuld and Judges Bubke, Gabrielli and J ones. Judge Jasen dissents and votes to affirm in the following opinion in which Judges Bbeitel and Wachtleb concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5528594. Public record. Not legal advice.