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MATTER OF ENGLE v. NIAGARA MOHAWK

6 A.D.2d 631 (1958)

In the Matter of the Claim of Leonard Engle, Appellant, v. Niagara Mohawk Power Corporation et al., Respondents. Workmen's Compensation Board, Respondent

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

December 10, 1958.

Attorney(s) appearing for the Case

William J. Roberts for appellant.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

W. D. Coleman for Niagara Mohawk Power Corporation and another, respondents.

FOSTER, P. J., BERGAN and GIBSON, JJ., concur in Per Curiam opinion; HERLIHY, J., dissents in a memorandum, in which REYNOLDS, J., concurs.

Per Curiam.

Claimant suffered six dislocations of his right shoulder between October 19, 1953, when it was dislocated playing football, and August 31, 1955, when it was dislocated while he was sitting in a chair stretching his arm. On September 21, 1955 an operation was performed to stabilize the arm.

One of the six dislocations was sustained while claimant was working on November 8, 1954, when in dismounting...

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