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MATTER OF BENNETT v. DREIER STRUCTURAL STEEL CO., INC.

9 N.Y.2d 668 (1961)

In the Matter of the Claim of Edward Bennett, Respondent, v. Dreier Structural Steel Company, Inc., et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided January 19, 1961.

Attorney(s) appearing for the Case

Ralph S. Stowell and Joseph D. Edwards for appellants.

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

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL and BURKE. Dissent: Judges FULD and VAN VOORHIS. Taking no part: Judge FOSTER.

Order affirmed, with costs to the Workmen's Compensation Board, for the reasons stated in the opinion of the Appellate Division. No opinion.

Judges FULD and VAN VOORHIS dissent and vote to reverse and to dismiss the claim in the following memorandum: Claimant's injury resulted from a brutal assault in which he was the aggressor. His behavior did not have its origin in the conditions created by his employment. It had its origin in claimant's

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