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  5. 67 N.Y.2d 246 (1986)
 

MTR OF RICHARDSON v. FIEDLER

67 N.Y.2d 246 (1986)

In the Matter of the Claim of Anna Richardson, Respondent, v. Fiedler Roofing, Inc., et al., Appellants. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 1, 1986.

Attorney(s) appearing for the Case

Joseph F. Manes and Raymond C. Green for appellants.

Robert Abrams, Attorney-General (Michele M. Woodard, Robert Hermann, Peter H. Schiff and Carlin Meyer of counsel), for Workers' Compensation Board, respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER and HANCOCK, JR., concur with Judge SIMONS; Judge TITONE dissents and votes to reverse in a separate opinion in which Judge MEYER concurs.

SIMONS, J.

Claimant's decedent, Norman Richardson, was employed by appellant, Fiedler Roofing, Inc. as a waterproofer and roofing mechanic. On January 20, 1981 he fell seven stories from the roof of a building near his jobsite sustaining head injuries which resulted in his death. Immediately before the accident, Richardson and a co-worker were at their work place on the roof waiting for material to arrive with...

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