Opinion
Argued April 18, 1961
Decided April 27, 1961
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Louis Busell and Charles G. Tierney for appellants.
Louis J. Lefkowitz, Attorney-General ( Jorge L. Gomez, Paxton Blair and Roy Wiedersum of counsel), for respondent.
No appearance for Workmen's Compensation Board, respondent.
Order reversed, award of the Workmen's Compensation Board annulled and claim dismissed, with costs against respondent Workmen's Compensation Board in this court and in the Appellate Division, upon the ground that it cannot be reasonably said that this injury arose out of or in the course of employment. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.