Majority
p. 575In the Matter of the Claim of Rose C. Hawkins, Respondent, against Oliver Raynor et al., Appellants. State Industrial Board, Respondent. Submitted May 20, 1941; decided June 12, 1941.
Frank L. Ward for appellants.
David Rosenberg and Abraham L. Doris for claimant, respondent.
p. 576
John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin, Boy Wiedersum and Isaac Frank of counsel), for State Industrial Board, respondent.
Order affirmed, with costs; no opinion.
Concur: Loughran, Finch, Rippey, Lewis, Conway. and Desmond, JJ.; Lehman, Ch. J., dissents on the ground that the undisputed evidence establishes that at the time of the accident the claimant was engaged in repairing a small boat in waters which, as matter of law, are navigable, and that, therefore, the Workmen’s Compensation Law of the State of New York has no application.