MATTER OF DI SUVERO v. DURABUILD CONSTR. CO., 29 N.Y.2d 540 (1971)

324 N.Y.S.2d 88, 272 N.E.2d 579

In the Matter of the Claim of MARK DI SUVERO, Respondent, v. DURABUILD CONSTRUCTION CO. et al., Appellants. WORKMEN’S COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.Argued May 25, 1971
Decided June 10, 1971

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

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[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

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Kenneth Floyd and Philip J. Caputo for appellant.

Louis J. Lefkowitz, Attorney-General (Harry Rackow, Ruth Kessler Toch and Daniel Polansky of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Judges SCILEPPI and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division.