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MTR. OF LANE v. COSMOPOLITAN MUT. INS.

47 A.D.2d 183 (1975)

In the Matter of the Claim of John Lane, Respondent, v. Cosmopolitan Mutual Insurance Company, Respondent, and Great American Insurance Company et al., Appellants. Workmen's Compensation Board, Respondent

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

March 13, 1975.

Attorney(s) appearing for the Case

Linden & Gallagher (Cornelius V. Gallagher of counsel), for appellants.

Harry H. Nussbaum for John Lane, respondent.

Kenneth Thomas Edson, P. C., and Lawrence Feldman for Cosmopolitan Mutual Insurance Company, respondent.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

GREENBLOTT and MAIN, JJ., dissent and vote to remit for further proceedings in separate opinions.

HERLIHY, P. J.

This is an appeal from a decision of the Workmen's Compensation Board, filed August 17, 1973, which found that the workmen's compensation policy issued by respondent Cosmopolitan Mutual Insurance Company (hereinafter Cosmopolitan) to employer Suval Industries (hereinafter Suval) was canceled prior to claimant's injury, and, hence, appellant Great American Insurance Company (hereinafter Great American...

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