MATTER OF CHORLEY v. KOERNER FORD


19 N.Y.2d 242 (1967)

In the Matter of the Claim of Marie K. Chorley, Respondent, v. Koerner Ford, Inc., et al., Appellants, et al., Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided March 2, 1967.


Attorney(s) appearing for the Case

John F. McDonough for appellants.

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

Chief Judge FULD and Judges BURKE, KEATING and BREITEL concur with Judge BERGAN; Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the claim in a memorandum.


BERGAN, J.

While attending a party for salesmen given by the employer to observe the end of a sales contest, claimant's husband became ill during a strenuous dance with claimant, who was also employer's guest. Later that night, after he had gone home, he died.

There is competent medical opinion in the record that the physical effort in the dance induced a coronary occlusion and had an accidental and causal...

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