MATTER OF PAIDER v. PARK E. MOVERS


19 N.Y.2d 373 (1967)

In the Matter of the Claim of Julius Paider, Appellant, v. Park East Movers et al., Respondents. Workmen's Compensation Board, Respondent. In the Matter of the Claim of Liba Snir, Respondent, v. J. W. Mays, Inc., et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Argued January 19, 1967

Decided April 13, 1967.


Attorney(s) appearing for the Case

Louis Mendelson, Thomas J. Sacco and William Doblin for appellant in the first above-entitled proceeding.

Joseph M. Soviero and Bernard F. Farley for respondents in the first above-entitled proceeding.

No appearance for Workmen's Compensation Board, respondent in the first above-entitled proceeding.

Daniel Powell and Arthur B. Erenstoft for appellants in the second above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Harry Rackow, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent in the second above-entitled proceeding.

Opinion by Judge SCILEPPI. All concur except Judge BERGAN, who dissents and votes to affirm in an opinion in which Judge KEATING concurs and Judge BURKE, who dissents and votes to affirm upon the opinion at the Appellate Division.


SCILEPPI, J.

These are two workmen's compensation cases where payment is sought for disabilities allegedly resulting from occupational diseases (Workmen's Compensation Law, § 3, subd. 2).

Matter of Goldberg v. 954 Marcy Corp. (276 N.Y. 313) establishes the definition of "occupational disease" as "one which results from the nature of the employment, and by nature is meant, not those conditions...

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