Johannisson v. Country Club of Rochester

• Citation: 317 N.Y.S.2d 621,35 A.D.2d 1038
• Parties: Claim of Edna M. JOHANNISSON, Appellant, v. COUNTRY CLUB OF ROCHESTER et al., Respondents, Workmen's Compensation Board, Respondent.
• Decision Date: 21 December 1970
• Court: New York Supreme Court Appellate Division

Page 621

317 N.Y.S.2d 621

35 A.D.2d 1038

Claim of Edna M. JOHANNISSON, Appellant, v. COUNTRY CLUB OF ROCHESTER et al., Respondents, Workmen's Compensation Board, Respondent.

Supreme Court of New York, Appellate Division, Third Department.

Dec. 21, 1970.

Nixon, Hargrave, Devans & Doyle, Rochester (John B. McCrory, Rochester, of counsel), for appellant.

LoMonaco & LoMonaco, Rochester (Richard S. LoMonaco, Rochester, of counsel), for respondents Country Club of Rochester and others.

Louis J. Lefkowitz, Atty. Gen., for respondent Workmen's Compensation Board.

Appeal by the claimant from a decision of the Workmen's Compensation Board, filed September 10, 1969, which denied benefits for the death of her deceased husband. The board, Inter alia, found 'that the claimant's activities prior to and on July 17, 1967 did not involve stress and strain greater than the ordinary wear and tear of life'. This was a factual issue for the board (Matter of Berger v. City of Schenectady, 31 A.D.2d 555, 294 N.Y.S.2d 470). Decision affirmed, without costs.

HERLIHY, P.J., and REYNOLDS, GREENBLOTT, COOKE and SWEENEY, JJ., concur.