Claim of Buckley v. Gallagher Bros. Sand & Gravel Corp., 92 N.E.2d 38 (NY 1950).
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Claim of Buckley v. Gallagher Bros. Sand & Gravel Corp., 92 N.E.2d 38 (NY 1950). Book View Copy Cite
In the Matter of the Claim of Margaret M. Buckley, against Gallagher Bros. Sand & Gravel Corp., Workmen's Compensation Board
New York Court of Appeals.
Apr 13, 1950.
92 N.E.2d 38
Charles P. Barre for appellants., Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
Cited by 7 opinions  |  Published
Per Curiam.

There was no evidence that claimant became disabled as the result of her duties as a telephone operator. The tuberculosis contracted by her while serving as bookkeeper was not an occupational disease within the meaning of subdivision 2 of section 3 of article 1 of the Workmen’s Compensation Law. The disease resulted not as an incident to claimant’s occupation but from the fact that she worked alongside a tubercular coemployee who was also a bookkeeper. It was th,e coemployee and not the occupation which caused the disease. (Matter of Harman v. Republic Aviation Corp., 298 N. Y. 285; Matter of Champion v. Gurley, 299 N. Y. 406.)

The order of the Appellate Division and the award of.the Workmen’s Compensation Board should be reversed, with costs

[*449] in this court and in the Appellate Division, and the claim dismissed.

Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.

Ordered accordingly.