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Claim of McCarthy v. Alling Personnel Corp.

33 N.Y.2d 953 Court N.Y. Decision date 1974-02-13 English

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p. 953
In the Matter of the Claim of Mart McCarthy, Respondent, v. Alling Personnel Corp. et al., Respondents, and Uninsured Employers’ Fund, Appellant. Workmen’s Compensation Board, Respondent.
Argued January 8, 1974;
decided February 13, 1974.
p. 955
Robert Chojnaclci, Albert D’Antoni and Martin Bergman for appellant.
Richard 8. LoMonaco for Reliance Insurance Company, respondent.

Order reversed, with costs, on the dissenting opinion by Presiding Justice Heblihy at the Appellate Division, and the determination of the Workmen’s' Compensation Board reinstated.

Concur: Chief Judge Bbeitel and Judges Jasen, Gabbielli, Jones, Wachtleb, Babin and Stevens.