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MATTER OF TATE v. ESTATE OF DICKENS

276 A.D. 94 (1949)

In the Matter of the Claim of Daniel Tate, Respondent, v. The Estate of Fred Dickens, Deceased, Doing Business as Dickens Realty Co., et al., Appellants. Workmen's Compensation Board, Respondent

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

November 16, 1949.

Attorney(s) appearing for the Case

Joseph H. Broderick and William Merritt for appellants.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Gilbert M. Landy of counsel), for Workmen's Compensation Board, respondent.

Solomon Popkin for claimant-respondent.

FOSTER, P. J., SANTRY and BERGAN, JJ., concur with HEFFERNAN, J.; DEYO, J., dissents, in an opinion.

HEFFERNAN, J.

On April 7, 1944, the employers, Fred Dickens, since deceased, and his wife, Effie Dickens, were the owners of an apartment building and rooming house in the city of New York. Claimant was employed by them as a janitor. As part of his duties he was required to look after the furnace in the building.

Claimant asserts that on April 7, 1944, while he was breaking up clinkers in the furnace with...

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