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MTR. OF YOUNGELMAN v. CITY OF NEW YORK

10 A.D.2d 173 (1960)

In the Matter of the Claim of Sam Youngelman, Respondent, v. City of New York, Department of Sanitation, Respondent, and Special Fund for Reopened Cases, Appellant. Workmen's Compensation Board, Respondent

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

March 28, 1960.

Attorney(s) appearing for the Case

John M. Cullen for appellant.

Benjamin Young for claimant-respondent.

Charles H. Tenney, Corporation Counsel (Edward A. Doberman and Seymour B. Quel of counsel), for City of New York, respondent.

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

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

BERGAN. P. J.

Claimant suffered an industrial accident on May 8, 1933 in which he sustained a right inguinal hernia. His compensation case was closed December 19, 1934 on a finding that the disability did not exceed the waiting period.

From time to time as claimant needed it, the employer furnished a truss. The last one was furnished in April, 1953. In 1956 claimant made an application to reopen his case...

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