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MATTER OF REYNOLDS v. MASICK

56 N.Y.2d 839 (1982)

In the Matter of the Claim of David Reynolds, Respondent, v. Vincent R. Masick et al., Respondents. Workers' Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1982.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Theresa E. Wolinski, Shirley Adelson Siegel and Henriette Frieder of counsel), for appellant.

John J. Cunningham for Vincent R. Masick, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division correctly held, as a matter of law, that claimant was not entitled to workers' compensation benefits. The Workers' Compensation Board found that the automobile accident in which claimant was injured was caused by the faulty brakes on his vehicle. Claimant's own testimony at the compensation board hearing was that...

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