MTR. OF BARTH v. CASSAR


45 A.D.2d 161 (1974)

In the Matter of the Claim of Dorothy Barth, Respondent, v. Sal Cassar, Doing Business as Pronto Car Service, Respondent, and Uninsured Employers' Fund, Appellant. Workmen's Compensation Board, Respondent

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

June 27, 1974.


Attorney(s) appearing for the Case

Martin Bergman (Robert Chojnacki of counsel), for appellant.

Caruso, Spillane & Ferrugia for Dorothy Barth, respondent.

Jacob Newman for Sal Cassar, respondent.

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

STALEY, JR., J. P., COOKE, KANE and REYNOLDS, JJ., concur.


GREENBLOTT, J.

Claimant's deceased husband was working as a taxi driver for the employer when he was shot and killed by an armed robber during the early morning hours of September 21, 1968. The employer, who was represented by counsel, controverted the claim, contending, inter alia, that the assault had been motivated by a personal animosity between the assailant and the decedent, wherefore the death did...

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