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MTR. OF REINSTEIN v. MENDOLA

39 A.D.2d 369 (1972)

In the Matter of the Claim of Gussie Reinstein, Respondent, v. Robert Mendola et al., Appellants. Workmen's Compensation Board, Respondent

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

July 19, 1972.

Attorney(s) appearing for the Case

Herbert Lasky (Louis Busell of counsel), for appellants.

Jacob Newman for claimant-respondent.

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

GREENBLOTT and SIMONS, JJ., concur with KANE, J.; HERLIHY, P. J., concurs in a separate opinion in which GREENBLOTT and SIMONS, JJ., concur; REYNOLDS, J., dissents and votes to dismiss the claim in an opinion.

KANE, J.

This is an appeal from a decision awarding benefits following a death by suicide. The decedent, George Reinstein, was a barber with a history of heart trouble dating back to 1951. On April 30, 1965 he sustained a work connected incarcerated inguinal hernia that required immediate surgery. Following the surgery he developed severe chest pains and related symptoms of coronary insufficiency requiring several...

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