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MTR. OF McCORMICK v. GREEN BUS LINES

29 N.Y.2d 246 (1971)

In the Matter of the Claim of Ann McCormick, Appellant, v. Green Bus Lines, Inc., Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 17, 1971.

Attorney(s) appearing for the Case

Louis Mendelson and William Doblin for appellant.

Jacques Smit and Dominic A. Morabito for Green Bus Lines, Inc., respondent.

No appearance for Workmen's Compensation Board, respondent.

Chief Judge FULD and Judges BREITEL and GIBSON concur with Judge BERGAN; Judges BURKE, SCILEPPI and JASEN dissent and vote to affirm on the opinion at the Appellate Division.

BERGAN, J.

The Workmen's Compensation Board has found that claimant's deceased husband "performed strenuous work" as a bus driver on July 17, 1964 which "precipitated an irreversible type of cardiac failure" and that there was causal relation between this work effort and his death three days later.

The question now is whether the record shows substantial evidence...

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