MTR. OF TRAVERSONE v. LEE BROS. STOR.


17 A.D.2d 175 (1962)

In the Matter of the Claim of Frances Traversone, Respondent, v. Lee Brothers Storage, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

October 31, 1962.


Attorney(s) appearing for the Case

Joseph M. Soviero (George J. Hayes of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Harry Rackow and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

Haft & Tischler for claimant-respondent.

BERGAN, P. J., COON, HERLIHY and REYNOLDS, JJ., concur.


GIBSON, J.

Appeal is taken from an award of death benefits in a heart case.

It cannot be said that the evidence of decedent's work as a packer for a moving and storage company was insufficient as a matter of law to warrant a finding of excessive exertion. It is not entirely clear whether, on the day of his heart attack, decedent did no more than to pack fragile articles of little weight or whether he packed and subsequently lifted or shifted some...

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