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McKay v. Town of West Seneca

41 N.Y. 931 Court N.Y. Decision date 1977-03-24 English

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p. 931
In the Matter of the Claim of Terry T. McKay, Respondent, v Town of West Seneca et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued February 10, 1977;
decided March 24, 1977
p. 933
Mark W. Hamberger and Marvin H. Mason for appellants.
John J. Gruber for claimant-respondent.

Order reversed and the decision of the Workmen’s Compensation Board reinstated on the dissenting opinion by Mr. Justice A. Franklin Mahoney at the Appellate Division ( 51 AD2d 373 , 377-381).

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler and Fuchsberg. Judge Cooke dissents and votes to affirm on the opinion by Presiding Justice Harold E. Koreman at the Appellate Division ( 51 AD2d 373 , 374-377). Taking no part: Judge Jasen.

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