MATTER OF LANE v. COSMOPOLITAN MUT. INS. CO.


40 N.Y.2d 943 (1976)

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.

Court of Appeals of the State of New York.

Decided November 18, 1976.


Attorney(s) appearing for the Case

Cornelius V. Gallagher for appellants.

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

Concur: Chief Judge BREITEL and Judges JONES, WACHTLER and FUCHSBERG. Judges JASEN, GABRIELLI and COOKE dissent and vote to reverse on the dissenting opinion by Mr. Justice ROBERT G. MAIN at the Appellate Division (, 186-187).


Order affirmed, without costs, on the opinion by then Presiding Justice J. CLARENCE HERLIHY at the Appellate Division (47 A.D.2d 183

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