MATTER OF MARTIN v. C. A. PRODS. CO.


8 N.Y.2d 226 (1960)

In the Matter of the Claim of John Martin, Respondent, v. C. A. Productions Company et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1960.


Attorney(s) appearing for the Case

Edwin D. Kyle and William F. Hanson for appellants.

Louis J. Lefkowitz, Attorney-General (Gilbert M. Landy, Paxton Blair and Roy Wiedersum of counsel), for respondent.

Judges FULD, FROESSEL and VAN VOORHIS concur with Judge BURKE; Chief Judge DESMOND dissents in an opinion in which Judge DYE concurs; Judge FOSTER taking no part.


BURKE, J.

The sole issue to be determined is whether the prior successful prosecution and settlement of a claim in an action at law against the employer is a bar to a subsequent compensation claim against the same employer, for the same injury, now found to have been acquired during the course of employment.

Claimant was employed by C. A. Productions Company, a partnership, as a dancer in the musical...

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