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MATTER OF CIAVARRO v. DESPATCH SHOPS

22 A.D.2d 312 (1964)

In the Matter of the Claim of Pasquale Ciavarro, Respondent, v. Despatch Shops, Inc., et al., Appellants. Workmen's Compensation Board, Respondent In the Matter of the Claim of Rocco Delfino, Respondent, v. Despatch Shops, Inc., et al., Appellants, and Liberty Mutual Insurance Company, Respondent. Workmen's Compensation Board, Respondent In the Matter of the Claim of Anthony Fiandach, Respondent, v. Despatch Shops, Inc., et al., Appellants, and Liberty Mutual Insurance Company, Respondent. Workmen's Compensation Board, Respondent

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

December 30, 1964.

Attorney(s) appearing for the Case

Coyle, Marks & Jordan (William M. Marks of counsel), for appellants.

Nicholas Morabito for Pasquale Ciavarro and another, claimants-respondents.

Samuel Fiandach for Anthony Fiandach, claimant-respondent.

Albert P. Thill for Liberty Mutual Insurance Company, respondent.

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

HERLIHY, J. P., REYNOLDS, AULISI and HAMM, JJ., concur.

TAYLOR, J.

These three appeals from awards for permanent hearing losses in which the material facts are not in dispute basically involve identical questions of law. For many decades prior to October 17, 1955, appellant, Despatch Shops, Inc., was engaged in constructing railroad freight cars and other railway equipment in its plant located at East Rochester, New York...

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