DI PERRI v. BOYS BHD. REPUBLIC


37 A.D.2d 317 (1971)

In the Matter of the Claim of Joseph Di Perri, Respondent, v. Boys Brotherhood Republic of New York, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

November 3, 1971.


Attorney(s) appearing for the Case

Meyer Licht for Boys Brotherhood Republic of New York, Inc., appellant.

J. Robert Morris for Aetna Casualty and Surety Company, appellant.

Louis J. Lefkowitz, Attorney-General (Henriette Frieder and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Modugno & Caruso for claimant-respondent.

REYNOLDS and SWEENEY, JJ., concur with SIMONS, J.; HERLIHY, P. J., dissents and votes to affirm in an opinion in which GREENBLOTT, J., concurs.


SIMONS, J.

This is an appeal from a decision of the Workmen's Compensation Board awarding benefits to the claimant and from a determination that the employment was illegal under section 14-a of the Workmen's Compensation Law.

The claimant was a minor, 16 years of age, who worked during the summer as a kitchen helper and waiter at a camp operated by the respondent, located about 30 miles from New York...

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