MATTER OF FRANZONI v. LOEW'S THEATRE & REALTY CORP.


20 N.Y.2d 889 (1967)

In the Matter of the Claim of Ann Franzoni, Respondent, v. Loew's Theatre & Realty Corp., and Special Fund for Reopened Cases et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 2, 1967.


Attorney(s) appearing for the Case

John M. Cullen for Special Fund for Reopened Cases, appellant.

Anne M. Powell, Joseph Dean Edwards and Ann W. Koenig for Marlo Cleaners and U. S. Casualty Company, appellants.

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

No appearance for claimant-respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, KEATING and BREITEL. Judge VAN VOORHIS dissents and votes to dismiss the claim in the following opinion in which Judge SCILEPPI concurs.


Order affirmed on the opinion at the Appellate Division, with costs to respondent board. There was substantial evidence to support the findings of the Workmen's Compensation Board as stated by the Appellate Division: "That the decedent committed suicide is not disputed. It is further undisputed that both the 1945 and 1954 occurrences were industrial accidents. The claimant's medical witness, an experienced psychiatrist stated that...

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