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  5. 16 A.D.2d 189 (1962)
 

MTR. OF FELDMAN v. A. B. C. VENDING

16 A.D.2d 189 (1962)

In the Matter of the Claim of Rose Feldman, Appellant, v. A. B. C. Vending Corp., et al., Respondents. Workmen's Compensation Board, Respondent

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

April 13, 1962.

Attorney(s) appearing for the Case

David Marcus for appellant.

Anne G. Kafka and Charles J. Jones for respondents.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

BERGAN, P. J., COON and TAYLOR, JJ., concur; REYNOLDS, J., dissents and votes to affirm.

HERLIHY, J.

Claimant appeals from a decision denying death benefits.

The decedent was working in a newsstand located on a subway platform at 8th Avenue and 42nd Street, New York City. A fellow employee testified that a customer came to the stand and reported there was a fire. The witness said he saw no evidence of a fire or any smoke but that shortly thereafter the decedent left the stand and went to the edge of the platform to investigate and...

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