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  5. 15 N.Y.2d 877 (1965)
 

MATTER OF JACKSON v. FREDERICK RICHMAN & CO.

15 N.Y.2d 877 (1965)

In the Matter of the Claim of Edward Jackson, Claimant, v. Frederick Richman & Co. et al., Respondents. Workmen's Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided March 11, 1965.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jorge L. Gomez, Paxton Blair and Daniel Polansky of counsel), for appellant.

F. Walter Bliss for respondents.

Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN concur in MEMORANDUM; Judge VAN VOORHIS concurs in a separate opinion.

MEMORANDUM.

Since, as the Workmen's Compensation Board indicated, the assault upon the claimant by the individual Richman was "tantamount" to an assault by his "employer", the claim which resulted in the settlement was not a third-party "cause of action" under subdivision 5 of section 29 of the Workmen's Compensation Law. Accordingly, the claimant was not required by that statute...

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