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Claim of Di Amore v. Ninth Federal & Savings Loan Ass'n

13 N.Y.2d 1025 Court N.Y. Decision date 1963-11-21 English

Contents

Majority

p. 1025
In the Matter of the Claim of Maria Di Amore, Respondent, v. Ninth Federal & Savings Loan Association et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued October 30, 1963;
decided November 21, 1963.
p. 1026
Albert P. Thill for appellants.
Louis J. Lefkoivits, Attorney-General (Jorge L. Gomes, Paxton Blair and Daniel Polansky of counsel), for Workmen’s Compensation Board, respondent.
p. 1027
No appearance for claimant-respondent.

Order affirmed, with costs to respondent Workmen’s Compensation Board; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke, Foster and Scileppi. Judge Van Voorhis dissents and votes to reverse and to dismiss the claim upon the ground that there is no substantial evidence that decedent’s heart attack was caused by his employment.