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MTR. OF DE ANGELIS v. GARFINKEL PAINTING

20 A.D.2d 162 (1963)

In the Matter of the Claim of Aniello De Angelis, Appellant, v. Garfinkel Painting Co. et al., Respondents. Workmen's Compensation Board, Respondent

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

December 27, 1963.

Attorney(s) appearing for the Case

Isaacson, Robustelli & Fox (J. S. Isaacson of counsel), for appellant.

Daniel Powell and Seymour J. Bernstein for Garfinkel Painting Co. and another, respondents.

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

GIBSON and HERLIHY, JJ., concur with BERGAN, P. J.; TAYLOR, J., dissents, in an opinion, and votes to affirm, in which REYNOLDS, J., concurs.

BERGAN, P. J.

Claimant, while working as a painter, was injured when a stone was thrown through a window breaking the pane. The stone and broken glass from the window both struck claimant in the face. Although the facts are entirely undisputed and the Workmen's Compensation Board has found that "the accident arose in the course of employment", it dismissed the claim at a matter of law because "it did not arise...

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