MATTER OF GLASS v. SQUARE MUSIC & SPORT SHOP


17 A.D.2d 1025 (1962)

In the Matter of the Claim of Esther Glass, Appellant, v. Square Music and Sport Shop et al., Respondents. Workmen's Compensation Board, Respondent

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

November 30, 1962


The only evidence of the exertion which is alleged to have precipitated the fatal heart attack was elicited from decedent's son who said that upon going to the basement of the store premises where both he and his father were employed he found his father there and "asked him what he was doing", to which his father replied that he was "`just straightening up some stuff'"; the witness later quoting decedent, somewhat differently, as saying that "he was just going to straighten...

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