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  5. 13 N.Y.2d 163 (1963)
 

MTR. OF MARKOHOLZ v. GEN. ELEC. CO.

13 N.Y.2d 163 (1963)

In the Matter of the Claim of William Markoholz, as Guardian of William Martino and Others, Infant Children of Michael Martino, Deceased, Appellant, v. General Electric Company, Employer, et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided October 10, 1963.

Attorney(s) appearing for the Case

Abraham Markhoff for appellant.

George B. Smith for General Electric Company and another, respondents.

No appearance for Workmen's Compensation Board, respondent.

Judges DYE, FULD, BURKE, FOSTER and SCILEPPI concur with Chief Judge DESMOND; Judge VAN VOORHIS dissents and votes to affirm upon the memorandum opinion of the Appellate Division.

Chief Judge DESMOND.

Michael Martino, on behalf of whose three children this workmen's compensation death claim was filed, was in 1959 an employee of respondent General Electric Company at Schenectady, N. Y. He and his wife were killed in an airplane crash on a flight from Milan to Paris six days after the close of an international conference held in Paris and which Martino, before going to Italy, had attended...

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