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MATTER OF MacLAIN v. EISENBERG

9 A.D.2d 560 (1959)

In the Matter of the Claim of Gilbert MacLain, Respondent, v. Maurice Eisenberg et al., Doing Business as Sunray Service Station et al., Appellants, and State Insurance Fund, Respondent. Workmen's Compensation Board, Respondent

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

August 13, 1959

The Public Service Mutual Insurance Company on May 5, 1955 issued a compensation policy covering employer's gas station located at 2895 Jerome Avenue, New York City, and was indisputably on the risk on December 12, 1955 when claimant was injured. Because the State Insurance Fund had an earlier policy covering the employer at 4729 Third Avenue, which was cancelled September 15, 1955 at the assured's request, Public Service seeks to require the State Fund to assume part of...

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