Opinion
Argued April 18, 1961
Decided May 18, 1961
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
John B. McCrory and Thomas E. Clement for appellant.
William M. Marks and Raymond F. Allen for Michaels Stern Co., Inc., and another, respondents.
No appearance for Workmen's Compensation Board, respondent.
Order reversed, with costs against respondents employer and carrier, and the award of the Workmen's Compensation Board reinstated on the ground that the determination of the board was supported by substantial evidence. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, and BURKE. Judges FROESSEL and VAN VOORHIS dissent and vote to affirm upon the authority of the majority opinion in the Appellate Division. Taking no part: Judge FOSTER.