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MATTER OF SCHECHTER v. STATE INS. FUND

6 N.Y.2d 506 (1959)

In the Matter of the Claim of Harry Schechter, Appellant, v. State Insurance Fund, Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Abraham Markhoff for appellant.

Bernard F. Farley and Charles Tierney for State Insurance Fund, respondent.

No appearance for Workmen's Compensation Board, respondent.

Judges DESMOND, DYE, FROESSEL and BURKE concur with Chief Judge CONWAY; Judges FULD and VAN VOORHIS dissent and vote to affirm upon the ground that the record reveals no accident as that term is used in the Workmen's Compensation Law.

Chief Judge CONWAY.

Two issues are presented here: (1) do the facts and circumstances warrant the finding made by the Workmen's Compensation Board that the claimant sustained an accidental injury within the meaning of the Workmen's Compensation Law when he suffered a heart attack, and (2) assuming such, is there sufficient medical evidence presented to sustain the finding of fact made by the board that the heart...

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