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MATTER OF KLAUSNER v. S & T DELICATESSEN

41 A.D.2d 798 (1973)

In the Matter of the Claim of Stella Klausner, Respondent, v. S & T Delicatessen et al., Appellants. Workmen's Compensation Board, Respondent

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

March 22, 1973

This court previously determined that a factual question existed as to whether the employer had been prejudiced because of untimely notice. We remitted for appropriate factual findings. (Matter of Klausner v. S & T Delicatessen, 37 A.D.2d 1012.) The claimant has the burden of establishing that the delay has not been prejudicial. (Matter of Wesser v. House of Good Shepherd,

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