MATTER OF SEAMON v. LANDSTROM GRAVEL CO.


48 N.Y.2d 923 (1979)

In the Matter of the Claim of Carl E. Seamon, Respondent, v. Landstrom Gravel Co. et al., Appellants. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 13, 1979.


Attorney(s) appearing for the Case

Robert Eckelberger, Jr., for appellants.

Robert Abrams, Attorney-General (Morris N. Lissauer, Shirley Adelson Siegel and Henriette Frieder of counsel), for Workers' Compensation Board, respondent.

Concur: Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judges JASEN and MEYER dissent and vote to reverse for reasons stated in the dissenting memorandum by Mr. Justice ROBERT G. MAIN at the Appellate Division (-878).


Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (65 A.D.2d 877). Even though the board's determination is not unanimous, there must be an affirmance if there is substantial evidence to sustain its...

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