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MATTER OF ROETTINGER v. GREAT ATL. & PAC. TEA CO.

13 N.Y.2d 1102 (1963)

In the Matter of the Claim of Henry Roettinger, Respondent, v. Great Atlantic & Pacific Tea Company et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Gerard L. Peace and Urban S. Mulvehill for appellants.

Louis J. Lefkowitz, Attorney-General (Harry Rackow, 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 and votes to reverse and to dismiss the claim upon the ground that there is no substantial evidence that the award is based on any occupational disease.

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

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