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MATTER OF FARBER v. HARBOR SHOES CO., INC.

16 N.Y.2d 634 (1965)

In the Matter of the Claim of Sonia Farber, Respondent, v. Harbor Shoes Company, Inc., et al., Appellants, and Special Funds Conservation Committee, Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 27, 1965.

Attorney(s) appearing for the Case

Kenneth K. Floyd and Philip J. Caputo 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 and SCILEPPI. Dissent: Judge VAN VOORHIS. Taking no part: Judge BERGAN.

Order affirmed, with costs to respondent Workmen's Compensation Board; no opinion.

Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim. Decedent's myocardial infarction was not claimed to have been an occupational disease but an industrial accident. Claimant's physician at first assumed that on the day of his heart attack (February 2, 1957) he was engaged in strenuous activity, an assumption...

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