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MATTER OF ODDI v. CABARET HURRICANE

278 A.D. 261 (1951)

In the Matter of the Claim of Paul Oddi, Respondent, v. Cabaret Hurricane et al., Respondents, and Colony Restaurant, Inc., et al., Appellants. Workmen's Compensation Board, Respondent In the Matter of the Claim of Paul Oddi, Respondent, v. Cabaret Hurricane et al., Appellants, and Colony Restaurant, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

May 9, 1951.

Attorney(s) appearing for the Case

Rudser & Mulligan, attorneys (Morgan F. Bisselle and Warren C. Tucker of counsel), for Colony Restaurant, Inc., and Employer's Mutual Liability Insurance Company of Wisconsin, appellants and respondents.

Bernard Katzen, General Attorney for State Insurance Fund (George J. Hayes and Victor Fiddler of counsel), for Cabaret Hurricane and State Insurance Fund, appellants and respondents.

Samuel Goldberg for claimant-respondent.

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

FOSTER, P. J., BREWSTER, BERGAN and COON, JJ., concur.

DEYO, J.

Claimant, a cook, was employed by Cabaret Hurricane from June, 1943, to May, 1944, and by Colony Restaurant from June, 1944, to April, 1945. On November 1, 1943, while in the employ of Cabaret Hurricane, he burned his left hand and filed a claim for compensation. During the course of that proceeding the claimant advanced the contention that the burn had aggravated a pre-existing Dupuytren's contracture...

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