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MATTER OF MCCORMACK v. NAT'L CITY BANK

303 N.Y. 5 (1951)

In the Matter of the Claim of Mary S. McCormack, Respondent, v. National City Bank of New York et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Charles P. Barre for appellants.

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

LOUGHRAN, Ch. J., DESMOND and FROESSEL, JJ., concur with FULD, J.; DYE, J., dissents in opinion in which LEWIS, J., concurs; CONWAY, J., concurs with DYE, J., in a separate opinion.

FULD, J.

On the morning of December 18, 1945, Hugh Scott, an elevator operator, had been helping a mechanic repair an elevator in their employer's building. The work completed, except for the installation of a bolt, the mechanic went for a special type of wrench to fasten the bolt, leaving Scott standing in the corridor near the elevator with nothing to do. A few minutes later, Scott was found on the corridor floor...

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