MTR. OF CARNEY v. SENAK N. Y. CORP.


17 A.D.2d 170 (1962)

In the Matter of the Claim of Margaret Carney, Respondent, v. Senak New York Corp. et al., Appellants. Workmen's Compensation Board, Respondent

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

October 31, 1962.


Attorney(s) appearing for the Case

John J. O'Connor (Joseph J. Brophy of counsel), for appellants.

Joseph Kooperman for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (Jorge L. Gomez and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

COON, J. P., and TAYLOR, J., concur; HERLIHY and REYNOLDS, JJ., concur in the result.


GIBSON, J.

Appellants contend that decedent's fatal accident did not arise out of and in the course of his employment as a salesman and collector but occurred solely by reason of his purely personal action in driving his automobile homeward from his work as a policeman in the employ of the City of New York at its waterworks dam at Livingston Manor.

Decedent worked for the city on a 4:00 P.M. to midnight...

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