MATTER OF AMOROSO v. TUBULAR & CAST PRODS. MFG. CO.


13 N.Y.2d 992 (1963)

In the Matter of the Claim of Teresa Amoroso, Appellant, v. Tubular & Cast Products Manufacturing Company et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1963.


Attorney(s) appearing for the Case

Abraham Markhoff for appellant.

Anne Powell and Joseph Dean Edwards for Tubular & Cast Products Manufacturing Company and another, respondents.

No appearance for Workmen's Compensation Board, respondent.

Concur: Judges FULD, VAN VOORHIS, BURKE and SCILEPPI. Judge FOSTER dissents in the following opinion in which Chief Judge DESMOND and Judge DYE concur.


Order affirmed, without costs. In our view there was no substantial evidence before the board upon which an award could be legally predicated. (See Matter of Miller v. National Cabinet Co., 8 N.Y.2d 277; Matter of Riehl v. Town of Amherst, 308 N.Y. 212.)

FOSTER, J. (dissenting).

The issue presented on this appeal is whether...

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