# Claim of Surdi v. Premium Coal & Oil Co.

> New York Court of Appeals · January 8, 1981 · 52 N.Y.2d 860

URL: https://www.frixlaw.com/law-library/cases/5533678

## Case

- **Full name:** In the Matter of the Claim of Sam Surdi v. Premium Coal and Oil Co., Inc., Workers' Compensation Board
- **Court:** New York Court of Appeals
- **Decided:** January 8, 1981
- **Citations:** 52 N.Y.2d 860; 437 N.Y.S.2d 78; 418 N.E.2d 671; 1981 N.Y. LEXIS 2182
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 10 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/5533678

## Opinion text

*862 OPINION OF THE COURT
Order reversed, with costs, and the penalty fixed by the referee reinstated for reasons stated in the dissenting memorandum by Presiding Justice A. Franklin Mahoney at the Appellate Division (71 AD2d, at p 965), to which we add only that as in Kurcsics v Merchants Mut. Ins. Co. ( 49 NY2d 451, 459 ) so here the issue is one of legislative intent rather than administrative expertise.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5533678. Public record. Not legal advice.