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MTR. GROSS v. THREE RIVS. INN

238 A.D.2d 12 (1997)

667 N.Y.S.2d 71

In the Matter of the Claim of The Estate of John P. Gross, Deceased, Respondent, v. Three Rivers Inn, Inc., et al., Respondents, and State Insurance Fund, Appellant. Workers' Compensation Board, Respondent. (And Another Related Claim.)

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

December 24, 1997

Attorney(s) appearing for the Case

James P. O'Connor, Liverpool (Jean S. Kneiss of counsel), for appellant.

Susan S. Kost, Syracuse, for estate of John P. Gross, respondent.

Dennis C. Vacco, Attorney-General, New York City (Howard B. Friedland and Iris A. Steel of counsel), for Workers' Compensation Board, respondent.

WHITE and CARPINELLO, JJ., concur with CREW III, J. P.; YESAWICH JR. and SPAIN, JJ., dissent in a separate opinion by YESAWICH JR., J.

CREW III, J. P.

On May 1, 1989, John P. Gross (hereinafter decedent), a professional boxer, sustained serious head injuries during a boxing match held at Three Rivers Inn, Inc. in the Village of Phoenix, Oswego County, and, shortly thereafter, lapsed into a coma. Over the course of the next few months, decedent's condition continued to deteriorate and, ultimately, he died on January 28, 1990. In the interim,...

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