From Casetext: Smarter Legal Research

Matter of Rucker v. Nassau-Beekman Realty Corp.

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1947
272 App. Div. 982 (N.Y. App. Div. 1947)

Opinion

September 17, 1947.

Appeal from Workmen's Compensation Board.


Claimant, an elevator operator in his employer's building at 132 Nassau Street, in New York City, sustained disabling injuries when he slipped and fell in Nassau Street while returning to his place of employment during a twenty minute "relief period" which had been regularly accorded to him in the arrangement of his work schedule. We cannot say that, when injured, claimant was so separated from his employment that his accident did not arise out of and during the course thereof. ( Matter of Bollard v. Engel, 254 App. Div. 162, affd. 278 N.Y. 463; Matter of Karl v. Fair Shoe Repair, Inc., 269 App. Div. 800. See also Matter of Younger v. Motor Cab Transportation Co., 260 N.Y. 396, 398.) Decision and award affirmed, with costs to the Workmen's Compensation Board. All concur.


Summaries of

Matter of Rucker v. Nassau-Beekman Realty Corp.

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1947
272 App. Div. 982 (N.Y. App. Div. 1947)
Case details for

Matter of Rucker v. Nassau-Beekman Realty Corp.

Case Details

Full title:In the Matter of the Claim of PAUL RUCKER, Respondent, against…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 17, 1947

Citations

272 App. Div. 982 (N.Y. App. Div. 1947)

Citing Cases

Mitchell v. Greinetz

The gist of all these holdings is that when time out is of such a nature that it bears a relationship to…

Matter of Sullivan v. Motor Realty Corp.

Decedent, an elevator operator, was injured during a rest period for which she was paid and during which she…