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MATTER OF KRIETE v. TODD SHIPYARDS

285 A.D. 36 (1954)

In the Matter of the Claim of Fred W. Kriete, Respondent, v. Todd Shipyards et al., Appellants Workmen's Compensation Board, Respondent

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

November 24, 1954.

Attorney(s) appearing for the Case

George J. Hayes, Bernard Katzen and Victor Fiddler for appellants.

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

Fred W. Kriete, respondent in person.

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

BERGAN, J.

This case brings up for consideration the differences, in their respective rights to benefits under the Disability Benefits Law (Workmen's Compensation Law, art. 9), between painters working for different employers and longshoremen working for the same employer under a "shape-up" system.

In Matter of Russomanno v. Leon Decorating Co. (306 N.Y. 521), where...

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