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MATTER OF RUSSOMANNO v. LEON DECORATING CO.

306 N.Y. 521 (1954)

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

Court of Appeals of the State of New York.

Decided April 22, 1954

Attorney(s) appearing for the Case

George J. Hayes, Bernard Katzen and Victor Fiddler for State Insurance Fund and another, appellants.

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

LEWIS, Ch. J., FULD, FROESSEL and VAN VOORHIS, JJ., concur with DESMOND, J.; CONWAY and DYE, JJ., dissent and vote to affirm the order of the Appellate Division, with costs, for the reasons stated in the opinion of COON, J., in the Appellate Division.

DESMOND, J.

Claimant, on October 23, 1950, while employed at his trade of painter, by appellant Leon, suffered a disability, not arising out of and in the course of his employment. Disability benefits, of the kind provided for by chapter 600 of the Laws of 1949, as since amended (Workmen's Compensation Law, art. 9), have been awarded to claimant for thirteen weeks, the...

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