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  5. 37 A.D.2d 894 (1971)
 

MATTER OF DOWNS v. DEL REGNO

37 A.D.2d 894 (1971)

In the Matter of the Claim of Victor Downs, Respondent, v. Charles Del Regno et al., Appellants, and Employers Liability Insurance Company et al., Respondents. Workmen's Compensation Board, Respondent

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

October 27, 1971

The board found "that specific instructions subsequently to bind this risk were not given to Mr. Farrell and that even though he had power to bind Employers Liability as its agent, he could not bind Employers Liability while he was acting outside the scope of his authority and therefore, in this case, Employers Liability is not liable for the acts of its agent, Mr. Farrell". There was oral testimony which the Referee had excluded...

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