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Martinell v. Metropolis Trucking Co.

8 N.Y.2d 806 Court N.Y. Decision date 1960-05-19 English

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p. 806
In the Matter of the Claim of Marie Martinelli, Respondent, against Metropolis Trucking Company et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued April 27, 1960;
decided May 19, 1960.
p. 807
Morgan F. Bisselle and Warren C. Tucker for appellants.
Louis J. Lefkowitz, Attorney-General (John J. Reilly, Paxton Blair and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
No appearance for claimant-respondent.
p. 808
Order affirmed, with costs to respondent "Workmen’s Compensation Board; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel and Burke. Judge Van Voorhis dissents and votes to reverse and to dismiss the claim upon the ground that the award is not sustained by substantial evidence. Taking no part: Judge Foster.