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MTR. OF MARCINIAK v. BERLITZ SCH.

43 A.D.2d 509 (1974)

In the Matter of the Claim of Thad Marciniak, Appellant, v. Berlitz School of Languages et al., Respondents. Workmen's Compensation Board, Respondent

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

March 7, 1974.

Attorney(s) appearing for the Case

Isadore Kupfer (Joseph Levine of counsel), for appellant.

Philip J. Caputo for Berlitz School of Languages and another, respondents.

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

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

GREENBLOTT, J.

This is an appeal by the claimant from a decision of the Workmen's Compensation Board, filed December 8, 1972.

Claimant was employed by the Berlitz School of Languages as a French teacher. On September 22, 1971 at 5:15 P.M., claimant finished teaching at the employer's Rockefeller Center location and traveled by taxicab to the Hospital for Special Surgery where he conducted a class. Upon...

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