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MATTER OF SLEATOR v. NAT'L CITY BANK

285 A.D. 393 (1955)

In the Matter of the Claim of Kathryn Sleator, Respondent, v. National City Bank et al., Appellants. Workmen's Compensation Board, Respondent

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

February 3, 1955.

Attorney(s) appearing for the Case

F. Walter Bliss and Warner M. Bouck for appellants.

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

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

FOSTER, P. J.

This is a heart case. The Workmen's Compensation Board has found that "Due to unusual effort, strain and exertion under unfavorable atmospheric conditions, superimposed upon a severe gross pre-existing cardiac pathology, [decedent] sustained accidental injuries in the nature of an occlusive coronary arteriosclerosis, which caused his collapse and death on September 30, 1948." Appellants challenge...

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