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  5. 25 N.Y.2d 947 (1969)
 

MATTER OF WEINSTEIN v. APEX DRESS CO.

25 N.Y.2d 947 (1969)

In the Matter of the Claim of Bessie Weinstein, Respondent, v. Apex Dress Company et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided October 9, 1969.

Attorney(s) appearing for the Case

Joseph F. Manes and Herbert Lasky for appellants.

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

No appearance for claimant-respondent.

Chief Judge FULD and Judges SCILEPPI, BREITEL and JASEN concur in a memorandum; Judges BURKE and BERGAN dissent and vote to affirm on the prevailing opinion at the Appellate Division; Judge GIBSON taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs and the claim before the Workmen's Compensation Board dismissed. The Workmen's Compensation Board found that "the prolonged argument and emotional strain participated in by the decedent prior to his collapse on July 24, 1964 involved greater stress and exertion than the ordinary wear and tear of life." On this record such finding is incorrect...

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