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MATTER OF CRISTIANO v. NINFA'S REST.

285 A.D. 560 (1955)

In the Matter of Joseph Cristiano, Respondent, v. Ninfa's Restaurant et al., Appellants. Workmen's Compensation Board, Respondent

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

April 1, 1955.

Attorney(s) appearing for the Case

Paul D. Williams, Adelbert Fleischmann and James P. Cotter for appellants.

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

FOSTER, P. J., HALPERN, IMRIE and ZELLER, JJ., concur.

COON, J.

Appellants challenge the award solely on the grounds that the Workmen's Compensation Board lacked jurisdiction to set aside a release executed by claimant to a third party, and that the evidence was insufficient to sustain a finding that the release was invalid, if jurisdiction existed.

While in the course of his employment as a waiter in the employer...

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