MATTER OF LESNIK v. NAT'L CARLOADING CORP.


285 A.D. 649 (1955)

In the Matter of the Claim of Morris L. Lesnik, Respondent, v. National Carloading Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

May 11, 1955.


Attorney(s) appearing for the Case

Morgan F. Bisselle and Warren C. Tucker for appellants.

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

Peter Keber for claimant-respondent.

HALPERN and IMRIE, JJ., concur with BERGAN, J.; FOSTER, P. J., dissents in an opinion, in which ZELLER, J., concurs.


BERGAN, J.

Claimant in this Workmen's Compensation case is a business executive; to be exact, a vice-president in charge of revenues of the corporate appellant employer. He suffered a heart attack while attending a horse race in California. This incident is the basis of his claim for compensation which the board has allowed.

It could be found readily enough that claimant was at the race track in the course...

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