Appellate Division of the Supreme Court of the State of New York September 11, 1969 (Claim of Baldassare v. Congel-Hazard, Inc.)

Gibson, P. J.

Appeal by an employer and its insurance carrier from a decision awarding benefits for disability sustained as the result of a motor vehicle accident; appellants denying any employer-employee relationship *528and asserting that in any event the accident did not arise out of and in the course of the employment.