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MATTER OF APPLEBERRY v. MOSKOWITZ

50 A.D.2d 1001 (1975)

In the Matter of the Claim of Mary Appleberry, Appellant, v. Howard J. Moskowitz et al., Respondents. Workmen's Compensation Board, Respondent

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

December 18, 1975

Upon the opening of the office in the morning, the decedent, a member of the dentist's staff, was found seated in a dentist's chair with a mask used for administering nitrous oxide fastened over her nose. It is undisputed that her death was due to inhalation of nitrous oxide. The employer had previously discussed with his staff the effects of nitrous oxide and forbade its use. None of the employees, including the decedent, were...

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