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DEPAOLI v. GREAT A & P CO.

94 N.Y.2d 377 (2000)

725 N.E.2d 1089

704 N.Y.S.2d 527

In the Matter of NICK DEPAOLI, Respondent, v. GREAT A & P TEA COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.

Decided February 24, 2000.

Attorney(s) appearing for the Case

Cherry Edson & Kelly, Tarrytown (Ralph E. Magnetti and Henriette Frieder of counsel), for appellant.

Hanrahan & Curley, Chappaqua (John J. Curley of counsel), for Nick DePaoli, respondent.

Eliot Spitzer, Attorney General, New York City (M. Patricia Smith, Preeta D. Bansal, Peter H. Schiff, Nancy A. Spiegel, Iris A. Steel and Howard B. Friedland of counsel), for Workers' Compensation Board, respondent.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

Chief Judge KAYE.

On October 30, 1994, while working as the manager of an A & P supermarket in Goldens Bridge, New York, claimant experienced severe trembling, profuse sweating, palpitations and numbness in his left arm. Fearing a heart attack, claimant went to a nearby hospital, where he was diagnosed with panic disorder. He remained hospitalized for five days, and did not return to work...

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