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MATTER OF BAKERS MUT. INS. CO. (DEPT. OF HEALTH)

301 N.Y. 21 (1950)

In the Matter of Bakers Mutual Insurance Company of New York, Appellant. Department of Health of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided April 13, 1950

Attorney(s) appearing for the Case

Samuel Schub and Milton B. Pfeffer for appellant.

John P. McGrath, Corporation Counsel (Fred Iscol, Seymour B. Quel and Frank A. Piazza of counsel), for respondent.

LEWIS, DESMOND, DYE and FULD, JJ., concur with LOUGHRAN, Ch. J.; FROESSEL, J., dissents in opinion in which CONWAY, J., concurs.

LOUGHRAN, Ch. J.

At a hearing held by a referee of the Workmen's Compensation Board upon a claim for death benefits, the widow of a deceased employee named Isaac Trepper introduced medical testimony as to the cause of his death and its connection with his employment. The employer's carrier thereupon served upon the health department of the city of New York a subpœna duces tecum commanding that department...

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