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MTR. OF KELLY v. N. Y. CITY TR. AUTH.

33 N.Y.2d 373 (1974)

In the Matter of the Claim of Ada B. Kelly, Respondent, v. New York City Transit Authority, Appellant. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided February 20, 1974.

Attorney(s) appearing for the Case

John A. Murray, John G. de Roos and Helen R. Cassidy for appellant.

Max L. Katzman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, RABIN and STEVENS concur.

JONES, J.

The Appellate Division properly held that there was here insufficient evidence to overcome the presumption that the killing of claimant's decedent during the course of his employment arose out of that employment (Workmen's Compensation Law, § 21), and correctly reversed the decision of the Workmen's Compensation Board disallowing the claim for death benefits. We reach this conclusion, however,...

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