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MATTER OF GAJEWSKI v. AM. RADIATOR & STANDARD SANITARY CORP.

2 N.Y.2d 1007 (1957)

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

Court of Appeals of the State of New York.

Decided April 12, 1957.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Gilbert M. Landy, James O. Moore, Jr., and Roy Wiedersum of counsel), for appellant.

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

Concur: CONWAY, Ch. J., DESMOND, FULD, FROESSEL and VAN VOORHIS, JJ.; DYE and BURKE, JJ., dissent and vote to reverse upon the ground that the claim falls within section 40 of the Workmen's Compensation Law.

Order affirmed, with costs...

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