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MATTER OF MENGELE v. LIEBMANN BREWERIES, INC.

11 N.Y.2d 986 (1962)

In the Matter of the Claim of Mary Mengele, Appellant, v. Liebmann Breweries, Inc., et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 17, 1962.

Attorney(s) appearing for the Case

Theodore P. Ronca for appellant.

Bernard F. Farley for Liebmann Breweries, Inc., and another, respondents.

No appearance for Workmen's Compensation Board, respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judges FROESSEL and VAN VOORHIS dissent and vote to affirm and to dismiss the claim for the reasons stated in the decision at the Appellate Division.

Order reversed, and award of the Workmen's Compensation Board reinstated, with costs in this court and in the Appellate Division, upon the ground that the record presented an issue of fact as to suicide or accident (see Matter of Wetterauw v. Japan Airlines, 11 N.Y.2d 983, decided herewith; Matter of Graham v. Nassau & Suffolk Light. Co., 308 N.Y. 140

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