In the Matter of the Claim of Harry Lapinsky, Deceased, Respondent, v. Ardom Bake Shop, Inc., et al., Appellants. Workmen's Compensation Board, Respondent, 13 N.Y.2d 1163

Order affirmed, with costs to respondent Workmen’s Compensation Board; no opinion. Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Scileppi. Judge Van Voorhis dissents and votes to reverse and to dismiss the claim upon the ground that it is barred, as matter of law, by

section 40 of the Workmen’s Compensation Law. Taking no part: Judge Bergan.