MTR. OF CARPENTER v. CERAMIC SYS.


44 A.D.2d 348 (1974)

In the Matter of the Claim of Mildred Carpenter, Appellant, v. Ceramic Systems, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

May 9, 1974.


Attorney(s) appearing for the Case

Freedman, Wray, Wagner & Tabakman (David MacRae Wagner of counsel), for appellant.

Morgan F. Bisselle (John P. Sullivan, William Evans, III, Thomas Bonaros and James W. Smith of counsel), for Ceramic Systems, Inc., and another, respondents.

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

KANE and MAIN, JJ., concur with REYNOLDS, J.: GREENBLOTT, J. P., and COOKE, J., dissent and vote to reverse in an opinion by GREENBLOTT, J. P.


REYNOLDS, J.

This is an appeal from a decision of the Workmen's Compensation Board, filed May 25, 1971, which disallowed claimant's claim for death benefits.

On December 24, 1968 the decedent attended a Christmas party on the employer's premises at which alcoholic beverages and food were provided by the employer and consumed by those in attendance. How much alcohol decedent actually consumed is unknown...

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