MATTER OF MOLINARI v. DODGE PLUMBING CO.


7 A.D.2d 792 (1958)

In the Matter of the Claim of Amelia Molinari, Respondent, v. Dodge Plumbing Company et al., Appellants. Workmen's Compensation Board, Respondent

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

December 30, 1958


The decedent was employed as a plumber. On July 5, 1955 he was working on an air-conditioning unit in a basement and one Christian Atkins, a fellow employee, was the only other person present. From the testimony of Atkins it appears that he was not working on the air-conditioning unit with the decedent but rather was in another part of the basement cutting a hole through a partition. Atkins stated that the air-conditioner was situated in a corner and that it was a very tight...

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