MATTER OF PADUANO v. NEW YORK STATE WORKMEN'S COMP. BD.


25 N.Y.2d 669 (1969)

In the Matter of the Claim of Dominick F. Paduano, Appellant, v. New York State Workmen's Compensation Board et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 26, 1969.


Attorney(s) appearing for the Case

Abraham Markhoff for appellant.

Joseph F. Manes and Herbert Lasky for New York State Workmen's Compensation Board and another, respondents.

Concur: Chief Judge FULD and Judges BERGAN, BREITEL and JASEN. Judge BURKE dissents and votes to reverse in the following opinion. Taking no part: Judges SCILEPPI and GIBSON.


Order affirmed, without costs, on the opinion at the Appellate Division.

BURKE, J. (dissenting).

The decision of the Workmen's Compensation Board which found that the claimant sustained an accident arising out of and in the course of employment should be reinstated. The finding by the board that the claimant's taking of a shower, under the circumstances here, was related to his employment is fully supported...

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