Opinion
Argued May 8, 1962
Decided May 17, 1962
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Theodore P. Ronca for appellant.
Bernard F. Farley for Liebmann Breweries, Inc., and another, respondents.
No appearance for Workmen's Compensation Board, respondent.
Order reversed, and award of the Workmen's Compensation Board reinstated, with costs in this court and in the Appellate Division, upon the ground that the record presented an issue of fact as to suicide or accident (see Matter of Wetterauw v. Japan Airlines, 11 N.Y.2d 983, decided herewith; Matter of Graham v. Nassau Suffolk Light. Co., 308 N.Y. 140). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judges FROESSEL and VAN VOORHIS dissent and vote to affirm and to dismiss the claim for the reasons stated in the decision at the Appellate Division.