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MATTER OF COOK v. BUFFALO GEN. HOSP.

308 N.Y. 480 (1955)

In the Matter of the Claim of Joyce E. Cook, Respondent, v. Buffalo General Hospital, Employer, et al., Appellants; Buffalo State Hospital et al., Employers, and State Insurance Fund, Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 26, 1955

Attorney(s) appearing for the Case

Henry Redman Dutcher, Sr., for appellants.

Victor Fiddler, Bernard Katzen, William H. Stieglitz and George J. Hayes for State Insurance Fund, respondent.

CONWAY, Ch. J., DYE and FULD, JJ., concur with DESMOND, J.; VAN VOORHIS, J., dissents in an opinion in which FROESSEL and BURKE, JJ., concur.

DESMOND, J.

Claimant, a nurse, was, by the award here appealed from, allowed workmen's compensation because of disability from pulmonary tuberculosis contracted at Buffalo General Hospital while claimant was in training there, in 1945 and 1946, as a student nurse. Claimant, in 1943, had, as a student, entered Children's Hospital School of Nursing, another Buffalo institution, but in 1945 she was sent, for part...

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