MATTER OF GUIDO v. TERRA-RUBE CONSTR.


7 A.D.2d 554 (1959)

In the Matter of the Claim of Leonardo Guido, Respondent, v. Terra-Rube Construction Corp. et al., Appellants. Workmen's Compensation Board, Respondent

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

April 23, 1959.


Attorney(s) appearing for the Case

Barry, Treanor, Shandell & Brophy, (Bernard F. Farley of counsel), for appellants.

Jacowitz & Bardack for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (John J. Reilly and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

COON and REYNOLDS, JJ., concur with FOSTER, P. J.; BERGAN, J., dissents in an opinion in which GIBSON, J., concurs.


FOSTER, P. J.

These are appeals from decisions and an award of the Workmen's Compensation Board for death benefits payable to an alleged dependent father and five minor children, brothers and sisters of the decedent.

Decedent was employed as a laborer on a construction project at Yorktown Heights, at or near Peekskill, New York, which had to do with the building of one-family homes. He lived in Brooklyn, and since the distance between his home...

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