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MATTER OF GLICKMAN v. GREATER N. Y. TAXPAYERS

305 N.Y. 431 (1953)

In the Matter of the Claim of Frances Glickman, Respondent, v. Greater New York Taxpayers et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided June 5, 1953

Attorney(s) appearing for the Case

William L. Shumate and Edward J. Haniver for appellants.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum, Wendell P. Brown and Harry Pastor of counsel), for Workmen's Compensation Board, respondent.

LEWIS, Ch. J., DESMOND and FROESSEL, JJ., concur with FULD, J.; CONWAY, J., dissents in opinion in which DYE, J., concurs.

FULD, J.

While workmen's compensation "is not confined by common-law conceptions of scope of employment" (O'Leary v. Brown-Pacific-Maxon, 340 U.S. 504, 506), more must be shown, to warrant an award, than injury or death and the relationship of employer and employee. It must also appear that such injury or death arose "out of and in the course of" the employment (Workmen's...

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