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In the Matter of the Claim of MARY FRAGALE, Respondent, v. ARMORY MAINTENANCE et al., Appellants. WORKMEN'S COMPENSATION BOARD, Respondent.

Order affirmed on the opinion at the Appellate Division, with costs. (See, also, Matter of Connelly v. Samaritan Hosp., 259 N.Y. 137; Matter of Stern v. Electrol, Inc., 4 A.D.2d 110, mot. for lv. to app. den. 3 N.Y.2d 707.) No opinion.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, BERGAN and KEATING. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the claim upon the dissenting opinion at the Appellate Division.

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MATTER OF FRAGALE v. ARMORY MAINTENANCE
(Sep 29, 1966)