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DI PERRI v. BOYS BHD. REPUBLIC

31 N.Y.2d 215 (1972)

In the Matter of the Claim of Joseph Di Perri, Respondent, v. Boys Brotherhood Republic of New York, Inc. et al., Respondents. Workmen's Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), for appellant.

Meyer Licht for Boys Brotherhood Republic of New York, Inc., respondent.

No appearance for remaining respondents.

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

GIBSON, J.

Appeal is taken by the Workmen's Compensation Board from an order of the Appellate Division, Third Department, which, with two Justices dissenting, reversed a decision and award of the Workmen's Compensation Board and dismissed the claim.

Claimant, a resident employee of a summer camp distant from his home, was injured during off-duty hours while engaged in gymnastics in the recreation hall...

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