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MATTER CLAIM MARGARET TALLY v. J. J. NEWBERRY CO. ET AL. (10/09/69)

COURT OF APPEALS OF NEW YORK 1969.NY.43035 <http://www.versuslaw.com>; 252 N.E.2d 634; 25 N.Y.2d 945 decided: October 9, 1969. IN THE MATTER OF THE CLAIM OF MARGARET TALLY, APPELLANT,v.J. J. NEWBERRY CO. ET AL., RESPONDENTS. WORKMEN'S COMPENSATION BOARD, RESPONDENT Matter of Tally v. J. J. Newberry Co., 30 A.D.2d 898, affirmed. Stanley Sher for appellant. Daniel Powell and Arthur B. Erenstoft for J. J. Newberry Co. and another, respondents. No appearance for Workmen's Compensation Board, respondent. Concur: Chief Judge Fuld and Judges Scileppi, Breitel and Jasen. Judges Burke and Bergan dissent and vote to reverse and reinstate the decision of the Workmen's Compensation Board on the dissenting opinion at the Appellate Division. Taking no part: Judge Gibson.


Matter of Tally v. J. J. Newberry Co., Concur: Chief Judge Fuld and Judges Scileppi, Breitel and Jasen. Judges Burke and Bergan dissent and vote to reverse and reinstate the decision of the Workmen's Compensation Board on the dissenting opinion at the Appellate Division. Taking no part: Judge Gibson.

 No opinion.

Disposition

Order affirmed, without costs, on the opinion at the Appellate Division.

19691009

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