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UTICA MUT. INS. CO. v. AMSTERDAM COLOR WORKS

284 A.D. 376 (1954)

Utica Mutual Insurance Company, Individually and on Behalf of Joseph Weiss, Respondent, v. Amsterdam Color Works, Inc., Appellant, et al., Defendant

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

June 21, 1954.

Attorney(s) appearing for the Case

Benjamin H. Siff of counsel (John Tullman with him on the brief; Frederick Mellor, attorney), for appellant.

Jacob D. Fuchsberg of counsel (B. Hoffman Miller with him on the brief; Jacob D. Fuchsberg, attorney), for respondent.

DORE, J. P., COHN, CALLAHAN, BREITEL and BASTOW, JJ., concur.

Per Curiam.

On August 29, 1945, one Joseph Weiss was employed by the defendant, Weihs, and was injured when a drum upon which the employee was working with an acetylene torch exploded. The employee elected to take benefits under the Workmen's Compensation Law and the plaintiff brought this action as subrogee. It has recovered a verdict from a jury in the sum of $35,000 against the defendant, Amsterdam Color Works, Inc...

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