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MTR. OF GAJEWSKI v. AMER. RAD. CORP.

1 A.D.2d 81 (1955)

In the Matter of the Claim of Karol Gajewski, Respondent, v. American Radiator & Standard Sanitary Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

December 23, 1955.

Attorney(s) appearing for the Case

Frank C. Roberts and Emil L. Cohen for American Radiator & Standard Sanitary Corporation, appellant.

John M. Cullen for Special Disability Fund, appellant.

J. Harry Tiernan for claimant-respondent.

Jacob K. Javits, Attorney-General (Gilbert M. Landy and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., and ZELLER, J., concur with BERGAN, J.; COON and HALPERN, JJ., dissent.

BERGAN, J.

The question presented by this appeal is to be decided by reading two sections of the Workmen's Compensation Law together. There is no dispute between the parties about the events which give rise to the controversy.

From 1941 to 1946 claimant worked as a molder for the American Radiator & Standard Sanitary Corporation. In this work he was exposed to silica dust; and it is conceded that in...

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