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MTR. SEYMOUR v. RIVERA APPLIANCES

28 N.Y.2d 406 (1971)

In the Matter of the Claim of Cherry Seymour, Appellant, v. Rivera Appliances Corporation et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 26, 1971.

Attorney(s) appearing for the Case

Burton A. Lazarus for appellant.

Joseph F. Manes for respondents.

No appearance for The Workmen's Compensation Board, respondent.

Chief Judge FULD and Judges BERGAN, BREITEL, JASEN and GIBSON concur with Judge BURKE; Judge SCILEPPI dissents and votes to affirm on the opinion of the Appellate Division.

BURKE, J.

During an afternoon break, an argument developed between two of respondent's coemployees, Carmelo Cordero and Irma Rodriguez. Decedent, also an employee, intervened in behalf of Miss Rodriguez. A quarrel and then a fight with Cordero and Ishmael Rodriguez ensued. After the fight had been broken up, Cordero and Rodriguez left the premises. Decedent and a friend followed, and a second fight occurred outside...

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