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MATTER OF DUFFY v. KEDENBURG

278 A.D. 31 (1951)

In the Matter of the Claims of Louise Duffy et al., Respondents, v. Jacob Kedenburg et al., Doing Business as Kedenburg Racing Associates, et al., Appellants Workmen's Compensation Board, Respondent

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

March 7, 1951.

Attorney(s) appearing for the Case

Frank L. Wiswall, Harry A. Davidow, Walter J. Mahoney and Carl O. Olson for Jacob Kedenburg and other, appellants.

Bernard F. Farley for Great American Indemnity Company, appellant.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., BERGAN and COON, JJ., concur with BREWSTER, J.; HEFFERNAN, J., dissents, in a memorandum.

BREWSTER, J.

There is no dispute as to the bare factual situation out of which these claims arose. The deceased husband of each claimant met with fatal injuries while participating in a midget automobile race conducted in the course of the business of the appellants Kedenburg and Davidow, a partnership doing business as Kedenburg Racing Associates (hereinafter called the Promoter), at Freeport, Long Island.

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