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MATTER OF PALERMO v. GALLUCCI & SONS

5 N.Y.2d 529 (1959)

In the Matter of the Claim of Rose Palermo, Respondent, v. Samuel Gallucci & Sons, Inc., et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided April 16, 1959.

Attorney(s) appearing for the Case

Ralph S. Stowell and Joseph D. Edwards for appellants.

Louis J. Lefkowitz, Attorney-General (Daniel Polansky, Paxton Blair and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

Abraham Markhoff for claimant-respondent.

Judges DESMOND, DYE and FROESSEL concur with Chief Judge CONWAY; Judge VAN VOORHIS dissents in an opinion in which Judges FULD and BURKE concur.

Chief Judge CONWAY.

The Workmen's Compensation Board (hereinafter referred to as the Board) has made an award to the claimant widow of one Anthony Palermo. Mr. Palermo suffered a fatal coronary attack on July 31, 1954 which the Board found was causally related to injuries he sustained in an auto collision on July 1, 1954 during the course of his employment. The question presented for our decision is whether there...

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