Opinion
Submitted May 20, 1941
Decided June 12, 1941
Appeal from the Supreme Court, Appellate Division, Third Department.
Frank L. Ward for appellants.
David Rosenberg and Abraham L. Doris for claimant, respondent. John J. Bennett, Jr., Attorney-General ( Joseph A. McLaughlin, Roy Wiedersum and Isaac Frank of counsel), for State Industrial Board, respondent.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.; LEHMAN, Ch. J., dissents on the ground that the undisputed evidence establishes that at the time of the accident the claimant was engaged in repairing a small boat in waters which, as matter of law, are navigable, and that, therefore, the Workmen's Compensation Law of the State of New York has no application.