Majority
p. 540In the Matter of the Claim of Mark Di Suvero, Respondent, v. Durabuild Construction Co. et al., Appellants. Workmen’s Compensation Board, Respondent. Argued May 25, 1971; decided June 10, 1971.
p. 542
Kenneth Floyd and Philip J. Caputo for appellant.
Louis J. Lefkowitz, Attorney-General (Harry Rackow, Ruth Kessler Toch and Daniel Polansky of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge Fuld and Judges Burke, Bergan, Breitel and Gibson. Judges Scileppi and Jasen dissent and vote to reverse on the dissenting opinion at the Appellate Division.