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MTR. OF WALSH v. SUCREST CORP.

37 A.D.2d 321 (1971)

In the Matter of the Claim of James Walsh, Respondent, v. Sucrest Corporation et al., Appellants; Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

November 9, 1971.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (Solan J. Stone of counsel), appellants pro se.

Adams, Brown, Starrett & Maloney (Arthur J. Maloney of counsel), for Sucrest Corporation and another, appellants.

Phillips, Lytle, Hitchcock, Blaine & Huber (Solan J. Stone of counsel), for claimant-respondent.

George Cholet for Special Disability Fund, respondent.

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

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

SIMONS, J.

This is an appeal by the employer and its carrier from a decision of the Workmen's Compensation Board. Claimant's attorney appeals from a determination of the board which denied a request for an increased attorney's fee and reduced the fee set by the Referee.

Claimant, while attending a convention in Toronto, Canada, on behalf of his employer, fell in the bathroom of his motel and sustained...

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