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MATTER OF BROOKS v. SINAI

9 N.Y.2d 917 (1961)

In the Matter of the Claim of John Brooks, Respondent, v. Temple Sinai et al., Appellants, and Special Fund Conservation Committee, Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 18, 1961.

Attorney(s) appearing for the Case

Bernard F. Farley for appellants.

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

No appearance for claimant-respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL and FOSTER. Judge VAN VOORHIS dissents in an opinion in which Judge BURKE concurs.

Order affirmed, with costs to respondent Workmen's Compensation Board.

VAN VOORHIS, J. (dissenting).

Although feeling constrained to affirm this compensation award, the Appellate Division said: "Medical testimony against causal relationship seems overwhelming in this record, but the bare legal sufficiency of other medical opinion prevents our interference." Well might the Appellate Division say that the testimony against the award is overwhelming...

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