Majority
p. 643In the Matter of the Claim of Franz Sommers, Respondent, against Fitzpatrick & Weller and Another, AppeUants. State Industrial Board, Respondent.
Award reversed and claim remitted, with costs against the State
p. 644
Industrial Board to abide the event, on the authority of Matter of Smith v. Warren Nash Motor Corp. ( 233 App. Div. 296 ), decided at this term. All concur.