Opinion
Argued September 20, 1966
Decided September 29, 1966
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Clayton T. Bardwell, M. James Conboy and John W. Cebula for appellants.
Louis J. Lefkowitz, Attorney-General ( Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
Harry W. Albright, Jr., for claimant-respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI and KEATING. Judge VAN VOORHIS concurs upon the following ground: The requirement outlined in the opinion of Matter of Marks v. Gray ( 251 N.Y. 90) that the business errand should have prompted the trip appears to have been overruled in Matter of Mahoney v. Stern Co. ( 9 N.Y.2d 931), which holds that it is sufficient if the journey on which the accident occurred was to serve both a business and a private object. Taking no part: Judge BERGAN.