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Foster v. Fitzpatrick & Weller

253 A.D. 854 Court N.Y. App. Div. Decision date 1938-01-12 English

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p. 854
In the Matter of the Claim of Ralph Foster, Respondent, against Fitzpatrick & Weller and Utica Mutual Insurance Company, Appellants. State Industrial Board, Respondent.

Claimant was injured while skidding logs on a lumber job operated by appellant, who had contracted with claimant’s immediate employer. The award against the appellant was proper under the third paragraph of section 56 of the Workmen’s Compensation Law. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.