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MATTER OF HORN v. MALCHOFF

276 A.D. 683 (1950)

In the Matter of the Claim of Anna J. Horn, Respondent, v. Fred H. Malchoff et al., Respondents, and London & Lancashire Indemnity Company of America, Appellant. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 3, 1950.

Attorney(s) appearing for the Case

W. Marcus Crahan for appellant.

Bernard Katzen, General Attorney for State Insurance Fund (George J. Hayes and Victor Fiddler with him on the brief), for State Insurance Fund, respondent.

Gleason & Doyle for claimant-respondent.

Nathaniel L. Goldstein, Attorney-General, for Workmen's Compensation Board, respondent.

HEFFERNAN, BREWSTER, BERGAN and COON, JJ., concur.

FOSTER, P. J.

This is an appeal by the London & Lancashire Indemnity Company of America from an award of compensation which directed that 50% thereof should be charged against appellant carrier and 50% against the State Insurance Fund.

Claimant, a berry picker, was injured on July 28, 1947. Her employer had a policy of compensation insurance issued by appellant. On July 25, 1947, three days before...

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