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MATTER OF GILMARTIN (CATHERWOOD)

10 N.Y.2d 16 (1961)

In the Matter of the Claim of Thomas J. Gilmartin, 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.

Howard A. Levine for respondent.

Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

FULD, J.

This appeal, here by permission of the Appellate Division, poses a question somewhat different from that presented in Matter of Ferrara (Catherwood) and the other cases which we have just treated (supra, p. 1 et seq.)

The claimant was employed by Flexicore Precast, Inc., a manufacturer of concrete products. The concrete which it used in its manufacturing process was supplied...

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