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Claim of Elwood v. Herkimer Central School

20 N.Y.2d 869 Court N.Y. Decision date 1967-11-02 English

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p. 869
In the Matter of the Claim of Mary Elwood, Appellant, v. Herkimer Central School et al., Respondents. Workmen’s Compensation Board, Respondent.
Argued October 25, 1967;
decided November 2, 1967.
p. 870
Philip D. O’Donnell for appellant.
Joseph M. Soviero and Bernard F. Farley for respondents.

Order reversed and determination of the Workmen’s Compensation Board reinstated, with costs in this court and in the Appellate Division against respondents employer and carrier, for the reasons stated in the dissenting opinion in the Appellate Division. No opinion.

Concur: Chief Judge Full and Judges Burke, Bergan and Keating. Judges Van Voorhis, Scileppi and Breitel dissent and vote to affirm upon the grounds stated in the concurring opinion of Judge Herlihy in the Appellate Division.