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MATTER OF HILLE v. GERALD RECORDS

23 N.Y.2d 135 (1968)

In the Matter of the Claim of Alice S. Hille, Appellant, v. Gerald Records et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 13, 1968.

Attorney(s) appearing for the Case

Abraham Markhoff and Fred Kalb for appellant.

John H. Roberts for Gerald Records and another, respondents.

Judges BURKE, BERGAN and KEATING concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to affirm in a separate opinion in which Judges BREITEL and JASEN concur

Chief Judge FULD.

The sole issue on this appeal is whether the death of an employee in an automobile accident on his way home from work arose out of and in the course of his employment.

Gerald Hille, the president of Gerald Records, Inc. — with offices in New York City — lived in Madison, New Jersey. The company was engaged in recording and releasing phonograph records, and Hille, among...

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