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MATTER OF MORROCCO v. MOHICAN STORES, INC.

13 N.Y.2d 1015 (1963)

In the Matter of the Claim of Maude A. Morrocco, Respondent, v. Mohican Stores, Inc., et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1963.

Attorney(s) appearing for the Case

Phillip T. Young for appellants.

Louis J. Lefkowitz, Attorney-General (Jorge L. Gomez, Paxton Blair and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

No appearance for claimant-respondent.

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

Order affirmed, with costs to respondent Workmen's Compensation Board.

VAN VOORHIS, J. (dissenting).

Although baker's asthma may well be an occupational disease, this claim is barred by section 40 of the Workmen's Compensation Law which states that neither the employee nor his dependents shall be entitled to compensation for disability or death resulting from disease, unless the disease is "due to the nature of his employment and contracted therein...

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