Opinion
Argued January 8, 1974
Decided February 13, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Robert Chojnacki, Albert D'Antoni and Martin Bergman for appellant.
Richard S. LoMonaco for Reliance Insurance Company, respondent.
Order reversed, with costs, on the dissenting opinion by Presiding Justice HERLIHY at the Appellate Division, and the determination of the Workmen's Compensation Board reinstated.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.