MATTER OF DE MARCO v. CITY OF NIAGARA FALLS


31 A.D.2d 667 (1968)

In the Matter of the Claim of Nora De Marco, Respondent, v. City of Niagara Falls, Appellant, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 13, 1968


GIBSON, P. J.

The propriety of the Fund's exoneration from liability is the sole issue presented; appellant not contesting the board's finding that decedent, a policeman, sustained a fatal heart attack as the result of emotional stress and physical exertion engendered in the course of his employment. Dr. Morgat, who had attended decedent for several years, certified the cause of death as an acute coronary occlusion, due to arteriosclerotic heart disease...

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