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  5. 13 N.Y.2d 1163 (1964)
 

MATTER OF LAPINSKY v. ARDOM BAKE SHOP, INC.

13 N.Y.2d 1163 (1964)

In the Matter of the Claim of Harry Lapinsky, Deceased, Respondent, v. Ardom Bake Shop, Inc., et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided January 23, 1964.

Attorney(s) appearing for the Case

Theodore T. Weiser, Allen Redlich and Powell Cooper for appellants.

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

No appearance for claimant-respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim upon the ground that it is barred, as matter of law, by section 40 of the Workmen's Compensation Law. Taking no part: Judge BERGAN.

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

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