MATTER OF CARROLL v. PROVENZANO


23 A.D.2d 134 (1965)

In the Matter of the Claim of James Carroll, Respondent, v. Frank Provenzano, Doing Business as Chic's Rendezvous, et al., Appellants. Workmen's Compensation Board. Respondent

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

May 6, 1965.


Attorney(s) appearing for the Case

Miller, Ouimette & Moran (Wilfred T. Ouimette of counsel), for appellants.

William J. Ryan for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (Morris N. Lissauer and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

GIBSON, P. J., HERLIHY, REYNOLDS and HAMM, JJ., concur.


TAYLOR, J.

An employer and his insurance carrier appeal from a decision and award of the Workmen's Compensation Board contending that it "erred as a matter of law in finding that the accident arose out of and in the course of employment".

Claimant, employed as a bartender, ordinarily worked a six-day week which excluded Sunday. His remuneration included a daily meal provided by the employer and eaten...

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