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MTR. OF SMALLWOOD v. MKT. HAULAGE

42 A.D.2d 455 (1973)

In the Matter of the Claim of William Smallwood, Respondent, v. Market Haulage, Inc., et al., Appellants, and Grand Union Company et al., Respondents. Workmen's Compensation Board, Respondent

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

November 8, 1973.

Attorney(s) appearing for the Case

Philip J. Caputo for appellants.

Edward B. Willing for William Smallwood, respondent.

Robert Cherry (Daniel Powell of counsel), for Grand Union Company and another, respondents.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

COOKE and MAIN, JJ., concur with HERLIHY, P. J.; STALEY, JR., and REYNOLDS, JJ., dissent and vote to reverse in an opinion by STALEY, JR., J.

HERLIHY, P. J.

These are appeals by the employer Market Haulage, Inc. and its insurance carrier from decisions of the Workmen's Compensation Board, filed October 30, 1970, February 8, 1972 and May 26, 1972.

Claimant was injured on July 20, 1966 while unloading a freight car at a warehouse operated by the Grand Union Company at Mt. Kisco, New York. He filed a claim for compensation on November 9, 1966...

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