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HUSTED v. SENECA STEEL SERV.

41 N.Y.2d 140 (1976)

In the Matter of the Claim of Frank Husted, Respondent, v. Seneca Steel Service, Inc., et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1976.

Attorney(s) appearing for the Case

Edward L. Robinson and Solon J. Stone, Buffalo, for appellants.

Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), New York City, for Workmen's Compensation Board, respondent.

Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge COOKE; Chief Judge BREITEL and Judge JASEN dissent and vote to reverse on the dissenting opinion by Mr. Justice JOHN L. LARKIN at the Appellate Division (, 79-80).

COOKE, J.

This is an appeal from an order of the Appellate Division, Third Department, which affirmed, two Justices dissenting, a decision of the Workmen's Compensation Board allowing an award to claimant for injuries sustained in an automobile accident found to have arisen out of and in the course of employment.

The salient facts are not in dispute. Claimant, a resident of Buffalo, worked as a laborer...

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