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MINTIKS v. METRO. OPERA

153 A.D.2d 133 (1990)

In the Matter of the Claim of Janis Mintiks, as Administrator of The Estate of Helen H. Mintiks, Deceased, Appellant, v. Metropolitan Opera Association, Inc., et al., Respondents. Workers' Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 4, 1990

Attorney(s) appearing for the Case

Kravitz & Becker (Lester J. Kravitz, Michael J. Becker and Casey A. Fundaro of counsel), for appellant.

Weiss & Wexler (Louis R. Salvo of counsel), for Metropolitan Opera Association, Inc. and another, respondents.

MAHONEY, P. J., and MERCURE, J., concur with LEVINE, J.; KANE and CASEY, JJ., dissent and vote to affirm in an opinion by KANE, J.

LEVINE, J.

On July 23, 1980, decedent, an accomplished violinist, performed at the Metropolitan Opera House (hereinafter Met) in New York City as a member of an orchestra engaged to accompany the Berlin Opera Ballet. At 9:30 P.M., during an intermission in the performance, decedent left the orchestra pit and never returned. It was later discovered that decedent had been brutally murdered on the roof of the Met...

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