Claim for death benefits disallowed. Claimant appeals. Claimant's husband, Isidore Walsh, was an employee of Russeks Fifth Avenue. He was assaulted at Thirty-fifth Street and Sixth Avenue, undoubtedly by a sympathizer with the strike which was then in progress against his employer, and died five days later. The assassin was not apprehended. The strike, led by the C.I.O., began in May and continued after September 30th, the day decedent was attacked. This was the first day he had worked for several months. His quitting time was six in the evening, but he remained on the employer's premises until about seven to avoid the pickets. Lieberman, assistant comptroller, a position not involved in the strike, was told by the doorman that Walsh desired to go in company with other employees to the subway. At Lieberman's suggestion, they waited a few minutes for a third employee, Weinberg, an auditor, also not involved in the strike. The three walked westerly on Thirty-sixth Street to Sixth Avenue, southerly on the east side thereof to the southeast corner of Thirty-fifth Street, where the assault took place. Lieberman describes it: "Well, at the southeast corner, all of a sudden there was a noise, men seemed to be rushing around, the next thing I knew Mr. Walsh was lying on the floor. * * * Well, I didn't see anything. Walsh was behind us. What I heard, so when I turned around I saw a man running away. * * * Well the only thing I could see he was lying on the ground. When we got him up, on his feet he had a gash over his head * * *." Weinberg gives substantially the same description. Each says that Walsh was walking a step or two behind. Decedent's daughter quoted her father as saying that just as he was assaulted the assassin said "`You scab'," or, "`This will teach you to scab'." Decedent was a fitter. He went out with the strikers who, it seems, were from another department. The daughter says "Well he went back to work a few days after the strike started because he realized it wasn't his strike, that it was another department. * * * And then there was a committee came to the house from the union and asked him to refrain from going to work and he did because he felt it was safer not to go to work." However, after several months he did return in the morning of the day when he was assaulted. The employer looked after and protected certain of the employees who remained at work. To one an allowance of three dollars a week was made to pay cab hire. A foreman was provided with a fund of "ten, twelve dollars a day — sometimes fifteen dollars a day" to pay cab fares, provide meals, even hotel rooms for some of the employees. There is no proof that decedent asked or received assistance from the employer in connection with leaving the place of business other than the arrangement effected whereby he was to accompany Lieberman and Weinberg. He waited after his work was finished apparently to avoid the pickets. From the foregoing recital it appears that decedent's relation as an employee had been terminated at least when he left the store on Fifth avenue. The decision should be affirmed. Decision affirmed, without costs. All concur.