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MTR OF HOLCOMB v. DAILY NEWS

45 N.Y.2d 602 (1978)

In the Matter of the Claim of Anne Holcomb, Respondent, v. Daily News et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Louis Busell and Peter M. Pryor for appellants.

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

Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Chief Judge BREITEL concurs in result only.

WACHTLER, J.

The Workmen's Compensation Board* (Board) awarded death benefits to decedent's widow, and the Appellate Division unanimously affirmed. Appellants contend that the fatal accident did not arise out of and in the course of decedent's employment, as a matter of law, and that the claimant is therefore not entitled to the benefits sought.

On September 19, 1974 decedent...

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