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IN THE MATTER OF PETITT v. EATON & VAN WINKLE

5 A.D.3d 822 (2004)

772 N.Y.S.2d 626

In the Matter of the Claim of MICHELE C. PETITT, Appellant, v. EATON & VAN WINKLE, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

March 4, 2004.

Spain, J.

On March 4, 1993, claimant was injured in an accident caused by a malfunctioning elevator at the office building where she worked. It is undisputed that claimant did not file a claim for workers' compensation benefits until January 4, 1999, almost six years after the date of her injury, at which time she averred that the accident had caused her to sustain injuries to her cervical spine, as well as psychological...

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