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MATTER OF PENZARA v. MAFFIA BROS.

307 N.Y. 15 (1954)

In the Matter of the Claim of Frank Penzara, Respondent, v. Maffia Brothers et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided April 23, 1954

Attorney(s) appearing for the Case

S. Chandler Fraser for appellants.

Nathaniel L. Goldstein, Attorney-General (Daniel Polansky, Wendell P. Brown, Roy Wiedersum and Gilbert M. Landy of counsel), for Workmen's Compensation Board, respondent.

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

CONWAY, J.

The facts in this case are not in dispute: the sole issue is whether the injury arose out of and in the course of claimant's employment.

At the time of the injury claimant was a "handyman" employed in an automobile supply and machine shop. His duties included the repair of brake linings, turning down drums, and other matters concerning automobile parts and their sale

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