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MTR. OF HICKEY v. HANNA, INC.

48 A.D.2d 349 (1975)

In the Matter of the Claim of Madeline P. Hickey, Respondent-Appellant, v. James R. Hanna, Inc., et al., Appellants-Respondents. Workmen's Compensation Board, Respondent

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

June 26, 1975

Attorney(s) appearing for the Case

Fix, Spindelman, Relin, LoMonaco, Turk & Himelein (Richard S. LoMonaco of counsel), for James R. Hanna, Inc., and another, appellants-respondents.

Culley, Marks, Corbett, Tannenbaum, Reifsteck & Potter (Donald F. Potter of counsel), for respondent-appellant.

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

GREENBLOTT, KANE, MAIN and LARKIN, JJ., concur.

HERLIHY, P. J.

It is not disputed that the deceased employee was employed by the appellant employer on June 21, 1968. The record contains the testimony of his widow, a helper, and a coemployee as to the facts that in June of 1968 the decedent engaged in heavy lifting in the course of his employment; that he complained of shortness of breath and being sick; and that he continued with shortness of breath and chest...

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