Opinion
Argued October 11, 1973
Decided October 23, 1973
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Anne G. Kafka for appellants. Louis J. Lefkowitz, Attorney-General ( Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
Order affirmed, with costs to the Workmen's Compensation Board, on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER. Judge JASEN dissents and votes to reverse in the following memorandum: I would reverse the order of the Appellate Division and dismiss the claim on the ground that the record does not support a finding of "suddenness of causation" or "suddenness of result", an essential element of a compensable industrial accident. (See Matter of Greensmith v. Franklin Nat. Bank, 21 A.D.2d 576, affd. 16 N.Y.2d 973.)