MATTER OF ORPIN v. BROTHER & CO.


15 A.D.2d 282 (1962)

In the Matter of the Claim of Florence G. Orpin, Appellant, v. D. P. Brother and Company, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

January 17, 1962.


Attorney(s) appearing for the Case

Markhoff, Gottlieb & Harkins (Abraham Markhoff of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

Charles J. Jones (Anne G. Kafka of counsel), for D. P. Brother and Company, Inc., and another, respondents.

COON and TAYLOR, JJ., concur with REYNOLDS, J.; BERGAN, P. J., dissents and votes to reverse and remit, in opinion in which GIBSON, J., concurs.


REYNOLDS, J.

Decedent was employed under a personal services contract by D. P. Brother & Co., Inc., as a piano player in an orchestra which was to tour the United States as part of an advertising program. In October, 1955, when decedent's death occurred, the orchestra was appearing at the Hilton Hotel in Fort Worth, Texas. Decedent worked until the week end of October 8 and then left to visit some friends...

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