Opinion
Submitted January 10, 1933
Decided January 24, 1933
Appeal from the Supreme Court, Appellate Division, Third Department.
William T. Welden for appellant.
Clarence B. Tippett for American Mutual Liability Insurance Company.
Francis J. MacIntyre for M.J. Daley Co., Inc., respondent.
John J. Bennett, Jr., Attorney-General ( Joseph A. McLaughlin and Isaac Frank of counsel), for State Industrial Board, respondent.
Order reversed, with costs in all courts, and claim remitted to State Industrial Board to make an award on the ground that the work outside the State was an incident of the employment within the State. ( Matter of Cameron v. Ellis Construction Co., 252 N.Y. 394; Matter of Smith v. Aerovane Utilities Corp., 259 N.Y. 126.) No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.