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MATTER OF ALLEN

10 A.D.2d 421 (1960)

In the Matter of the Claim of George Allen, Appellant-Respondent; Kenneth A. Fisher et al., Appellants-Respondents; New World Building Corporation et al., Respondents; Workmen's Compensation Board, Respondent In the Matter of the Claim of Buren Phillips, Appellant-Respondent; Kenneth A. Fisher, Appellant-Respondent; Michigan Mutual Liability Company, Appellant-Respondent; Charles E. Vagele et al., Respondents; Workmen's Compensation Board, Respondent

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

May 5, 1960.

Attorney(s) appearing for the Case

Carter & Conboy for George Allen, appellant-respondent.

Peter M. Pryor for Buren Phillips, appellant-respondent.

W. Joseph Shanley for Kenneth A. Fisher, appellant-respondent.

Halter Sullivan & Rehfuss (John W. Rehfuss and John J. Cunningham of counsel), for Michigan Mutual Liability Company, appellant-respondent.

Walworth & Harding (Fayette C. Walworth of counsel), for New World Building Corporation and others, respondents.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

BERGAN, P. J., COON, GIBSON and REYNOLDS, JJ., concur.

HERLIHY, J.

On August 4, 1956 the claimants sustained industrial accidents while working for their employer, Kenneth A. Fisher, a mason contractor.

The employer on June 19, 1956 applied to Gilbert H. Robert, Inc., the business of which in part was selling insurance for fire, automobile and workmen's compensation coverage. The agency wrote the fire insurance with a company for which it acted as agent and...

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