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MATTER OF CURATALO (CATHERWOOD)

10 N.Y.2d 10 (1961)

In the Matter of the Claim of Charles Curatalo, Respondent. Martin P. Catherwood, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel Stern and Paxton Blair of counsel), for appellant.

Wilbur Daniels and David Dretzin for respondent.

Chief Judge DESMOND and Judges DYE, BURKE and FOSTER concur with Judge FULD; Judges FROESSEL and VAN VOORHIS dissent and vote to reverse and to reinstate the determination of the Industrial Commissioner upon the ground that a restricted interpretation of the word "establishment" as used in subdivision 1 of section 592 of the Labor Law was not intended by the Legislature and would operate to defeat the purpose of the statute.

FULD, J.

The claimant was a steelworker employed in the steel fabrication plant of the F. L. Heughes Co. located in Rochester, New York. The company, in addition to operating the steel fabrication plant, was engaged in the business of erecting and installing steel structures at various construction sites in and around Rochester. No one of these sites was contiguous to the fabrication plant. The employer also sold...

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