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Claim of Lapinsky v. Ardom Bake Shop, Inc.

13 N.Y.2d 1163 Court N.Y. Decision date 1964-01-23 English

Contents

Majority

p. 1163
In the Matter of the Claim of Harry Lapinsky, Deceased, Respondent, v. Ardom Bake Shop, Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued January 8, 1964;
decided January 23, 1964.
p. 1164
Theodore T. Weiser, Allen Redlich and Powell Cooper for appellants.
Louis J. Lefkowitz, Attorney-General (Daniel Polansky and Paxton Blair of counsel), for Workmen’s Compensation Board, respondent.
No appearance for claimant-respondent.

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

p. 1165
Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Scileppi. Judge Van Voorhis dissents and votes to reverse and to dismiss the claim upon the ground that it is barred, as matter of law, by section 40 of the Workmen’s Compensation Law. Taking no part: Judge Bergan.