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MATTER OF DI SUVERO v. DURABUILD CONSTR. CO.

35 A.D.2d 883 (1970)

In the Matter of the Claim of Mark Di Suvero, Respondent, v. Durabuild Construction Co. et al., Appellants. Workmen's Compensation Board, Respondent

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

November 23, 1970

The additional testimony from the claimant, after the matter was remanded by this court (see 28 A.D.2d 1152), supports the determination of the board that claimant did not voluntarily limit his participation in the labor market. Decision affirmed, with costs to the Workmen's Compensation Board.

Reynolds, J., dissents and votes to reverse and dismiss the claim in the following memorandum: When this case was previously...

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