Majority
p. 934In the Matter of the Claim of James Harman, Respondent, against Republic Aviation Corporation et al., Appellants. Workmen’s Compensation Board, Respondent.
Appeal from an award to claimant for disability arising from tuberculosis contracted from a fellow employee working immediately adjacent to the place where he worked within the plant. (Matter of Mason v. Y.W.C.A., City of N. Y., 271 App. Div. 1042 , motion for leave to appeal denied 297 N. Y. 1037 .) Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan, Poster and Russell, JJ., concur; Brewster, J., dissents.