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MATTER OF CYRUS v. MODART CONSTR. CO.

283 A.D. 368 (1954)

In the Matter of the Claim of Joseph Cyrus, Respondent, v. Modart Construction Co., Inc., et al., Appellants, and Junction Homes, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

February 26, 1954.

Attorney(s) appearing for the Case

Seymour J. Bernstein and Bernard Helfenstein for Modart Construction Co., Inc., and another, appellants.

Ralph S. Stowell and Joseph D. Edwards for Junction Homes, Inc., and another, respondents.

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

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.

Per Curiam.

The only issue on this appeal is the propriety of the joint award of compensation against Junction Homes, Inc. (hereafter referred to as Junction), and Modart Construction Co., Inc. (hereafter referred to as Modart), and their respective insurance carriers, instead of solely against Junction and its insurance carrier.

Junction had constructed five houses, which were at the sale stage. Modart was...

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