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Claim of Brocklebank v. Union Carbide International Co.

13 N.Y.2d 1036 Court N.Y. Decision date 1963-11-21 English

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p. 1036
In the Matter of the Claim of Virginia G. Brocklebank, Respondent, v. Union Carbide International Company et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued October 30, 1963;
decided November 21, 1963.
p. 1037
George J. Kayes and Joseph M. Soviero for appellants.
Louis J. Leflcowits, Attorney-General (Daniel Polanshy and Paxton Blair of counsel), for Workmen’s Compensation Board, respondent.
No appearance for claimant-respondent.
p. 1038
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 this death arose out of and in the course of decedent’s employment.