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MATTER OF KAPLAN v. ZODIAC WATCH CO

20 N.Y.2d 537 (1967)

In the Matter of the Claim of Barney Kaplan, Respondent, v. Zodiac Watch Company et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 29, 1967.

Attorney(s) appearing for the Case

F. Walter Bliss for appellants.

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

Abraham Markhoff for Barney Kaplan, respondent.

Judges VAN VOORHIS, SCILEPPI and BREITEL concur with Judge BURKE; Judge BERGAN dissents and votes to affirm in an opinion in which Chief Judge FULD and Judge KEATING concur.

BURKE, J.

The sole issue before us on this appeal is whether claimant, who has already received disability insurance benefits, is also entitled to workmen's compensation benefits on the ground that his injury arose out of as well as in the course of his employment.

The Appellate Division, in affirming the award of compensation to claimant by the Workmen's Compensation Board, held that the board was warranted...

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