General
In the Matter of the Claim of Nilo Balsamo, Respondent, against Commercial Casualty Insurance Company, Appellant. Domenick Zarcone and James K. Potter, Respondents. State Industrial Board, Respondent
234 A.D. 809·New York Supreme Court, Appellate Division·1931·NY
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Opinion
In the Matter of the Claim of Nilo Balsamo, Respondent, against Commercial Casualty Insurance Company, Appellant. Domenick Zarcone and James K. Potter, Respondents. State Industrial Board, Respondent.
[MAJORITY]
Award against the Commercial Casualty Insurance Company reversed and the ease remitted for further proof tending to show whether or not the employment in which the claimant was injured was incidental to the business being carried on by Zarcone and Potter, with costs to the appellant against the State Industrial Board to abide the event. All concur, except Hill, J., who dissents and votes to affirm the award against the employers and the insurance carrier.