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MALACARNE v. PARKING AUTH.

41 N.Y.2d 189 (1976)

In the Matter of the Claim of Elizabeth Malacarne, Appellant, v. City of Yonkers Parking Authority et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 28, 1976.

Attorney(s) appearing for the Case

Morris Gelbman and Benjamin Zeche, Yonkers, for appellant.

Kenneth Thomas Edson, P. C., and Anne G. Kafka, New York City, for City of Yonkers Parking Authority and another, respondents.

Chief Judge BREITEL and Judges JASEN and JONES concur with Judge FUCHSBERG; Judge WACHTLER dissents and votes to reverse in a separate opinion in which Judges GABRIELLI and COOKE concur.

FUCHSBERG, J.

The Workmen's Compensation Board found that Maurice Malacarne was killed in the course of his employment. The Appellate Division held that he was not and, accordingly, reversed. For the reasons which follow, we believe its decision should be upheld.

The decedent's usual job, as one of two part-time attendants who manned a Yonkers Raceway parking lot, was to jockey cars, collect parking...

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