MATTER OF SCHUREN v. WOLFSON


30 N.Y.2d 90 (1972)

In the Matter of the Claim of Sarah Schuren, Appellant, v. Rose Wolfson et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1972.


Attorney(s) appearing for the Case

Max L. Katzman for appellant.

Kenneth K. Floyd and Philip J. Caputo for Rose Wolfson and Hartford Accident & Indemnity Company, respondents.

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


BERGAN, J.

Claimant's husband had been suffering from cardiac disease and under medical care for five years before his sudden death June 20, 1966 while in the course of his employment as a chauffeur. In 1961 he suffered from a heart block and in 1963 from an acute myocardial infarction. In April, 1966, within two months of his death, he was treated for cardiac failure and from May 1 to May 12 — a little...

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