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MATTER OF FRAGALE v. ARMORY MAINT.

18 N.Y.2d 729 (1966)

In the Matter of the Claim of Mary Fragale, Respondent, v. Armory Maintenance et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided September 29, 1966.

Attorney(s) appearing for the Case

Bernard F. Farley and Joseph M. Soviero for appellants.

Louis J. Lefkowitz, Attorney-General (David Belson, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Matthew J. Sherlock, Jr., for claimant-respondent.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, BERGAN and KEATING. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the claim upon the dissenting opinion at the Appellate Division.

Order affirmed on the opinion at the Appellate Division, with costs. (See, also, Matter of Connelly v. Samaritan Hosp., 259 N.Y. 137; Matter of Stern v. Electrol, Inc., 4 A.D.2d 110, mot. for lv. to app. den. 3 N.Y.2d 707...

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