Matter of Scheiber v. Simon Co.

Full title: In the Matter of the Claim of BENJAMIN SCHEIBER, Respondent, v. I. SIMON…

Court: Court of Appeals of the State of New York

Date published: Jan 19, 1967

224 N.E.2d 896 (N.Y. 1967)

224 N.E.2d 896

278 N.Y.S.2d 404

Opinion

Submitted January 11, 1967

Decided January 19, 1967

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Joseph M. Soviero and Bernard F. Farley 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 respondent Workmen's Compensation Board; no opinion.

Concur: Judges BURKE, BERGAN, KEATING and BREITEL. Chief Judge FULD and Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the claim for the reasons stated in the dissenting opinion at the Appellate Division.