MATTER OF APONTE v. SANTIAGO & GARCIA


279 A.D. 269 (1952)

In the Matter of the Claim of Rosario Aponte, Respondent, v. Santiago & Garcia et al., Appellants. Workmen's Compensation Board, Respondent

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

January 9, 1952.


Attorney(s) appearing for the Case

Philip J. Caputo for appellants.

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

Reisman, Cohen & Milberg for claimant-respondent.

BREWSTER and COON, JJ., concur with BERGAN, J.;


BERGAN, J.

On October 7, 1945, Pasquale Aponte was found unconscious in bed in his apartment where he lived alone. In the kitchen of the apartment which was separated from the bedroom by a living room was a gas stove. Two burners of the oven were turned on from which unlighted gas was escaping. Three burners on the top of the stove were not turned on. The windows were closed. The next day he died of gas poisoning...

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