MATTER OF RUSSOMANNO v. LEON DECORATING CO.


282 A.D. 18 (1953)

In the Matter of the Claim of Nicholas Russomanno, Respondent, v. Leon Decorating Co., Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

May 13, 1953.


Attorney(s) appearing for the Case

Bernard Katzen, George J. Hayes and Victor Fiddler for appellants.

Nathaniel L. Goldstein, Attorney-General (John J. Quinn and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

Victor Livornese for claimant-respondent.

BERGAN and HALPERN, JJ., concur with COON, J.; FOSTER, P. J., dissents in a memorandum, in which IMRIE, J., concurs.


COON, J.

This case involves only a construction of section 203 of the Workmen's Compensation Law, and particularly the first sentence thereof, which reads: "Employees in employment of a covered employer for four or more consecutive weeks shall be eligible for disability benefits as provided in section two hundred four." There is no factual dispute.

Claimant is a painter who followed the usual and customary practice in his locality of seeking work...

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