MATTER OF McCARTHY v. ROONEY REALTY CO.


283 A.D. 755 (1954)

In the Matter of the Claims of James E. McCarthy and The Commissioner of Taxation and Finance, Arising out of the Death of James McCarthy, Respondents, v. Rooney Realty Co. et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 26, 1954.


The decedent was sixty-eight years of age. He had retired from business but had taken on part-time work as a salesman for the defendant employer, a real estate brokerage company. On Sunday afternoon, he left his home with the intention of stopping downtown for dinner and then going on to inspect a house which had been listed with his employer for sale. The decedent did not have an appointment to meet anyone at the house and he was not under an obligation to visit the house...

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