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Claim of Post v. Tennessee Products & Chemical Corp.

14 N.Y.2d 796 Court N.Y. Decision date 1964-06-04 English

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Majority

p. 796
In the Matter of the Claim of Jean B. Post, Respondent, v. Tennessee Products & Chemical Corp. et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued April 30, 1964;
decided June 4, 1964.
p. 798
F. Walter Bliss for appellants.
Louis J. Lefkowitz, Attorney-General (Julius Fell, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen’s Compensation Board, respondent.
No appearance for claimant-respondent.

Order affirmed, with costs to respondent Workmen’s Compensation Board. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld and Burke. Judges Van Voorhis and Scileppi dissent and vote to reverse and to dismiss the claim upon the ground that as a matter of law decedent met his death solely as a result of intoxication. Taking no part: Judge Bregan.