Appellate Division of the Supreme Court of the State of New York March 1, 1973 (Claim of Prince v. Kinney Rent-A-Car)

Appeal from a decision of the Workmen’s Compensation Board, filed June 21, 1971, which disallowed a claim for death benefits under the Workmen’s Compensation Law. It is abundantly clear from the record that the decedent’s employment (as was his coemployee Leone’s) was to a marked extent governed by his own decision and conduct.