New York Court of Appeals February 21, 1963 (Claim of Feldman v. A. B. C. Vending Corp.)

Foster, J.

This is a death claim under the Workmen’s Compensation Law. The Referee disallowed the claim on the ground that the accident did not arise out of and in the course of the employment. A majority of a board panel (three members) affirmed the decision of the Referee on the ground that the decedent had abandoned Ms employment. One member dissented.