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Matter of McKay v. Town of West Seneca

Court of Appeals of the State of New York
Mar 24, 1977
41 N.Y.2d 931 (N.Y. 1977)

Opinion

Argued February 10, 1977

Decided March 24, 1977

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

Mark W. Hamberger and Marvin H. Mason for appellants.

John J. Gruber for claimant-respondent.



Order reversed and the decision of the Workmen's Compensation Board reinstated on the dissenting opinion by Mr. Justice A. FRANKLIN MAHONEY at the Appellate Division ( 51 A.D.2d 373, 377-381).

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judge COOKE dissents and votes to affirm on the opinion by Presiding Justice HAROLD E. KOREMAN at the Appellate Division ( 51 A.D.2d 373, 374-377). Taking no part: Judge JASEN.


Summaries of

Matter of McKay v. Town of West Seneca

Court of Appeals of the State of New York
Mar 24, 1977
41 N.Y.2d 931 (N.Y. 1977)
Case details for

Matter of McKay v. Town of West Seneca

Case Details

Full title:In the Matter of the Claim of TERRY T. McKAY, Respondent, v. TOWN OF WEST…

Court:Court of Appeals of the State of New York

Date published: Mar 24, 1977

Citations

41 N.Y.2d 931 (N.Y. 1977)
394 N.Y.S.2d 637
363 N.E.2d 361

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