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Matter of Stephens v. Hudson Maintenance Co.

Appellate Division of the Supreme Court of New York, Third Department
Jan 19, 1949
274 App. Div. 1077 (N.Y. App. Div. 1949)

Opinion

January 19, 1949.

Appeal from Workmen's Compensation Board.


Decedent met with fatal accident while working for employer-appellant, a domestic corporation, as a painter on a steel railroad bridge at Havre De Grace, Maryland. He was hired in New York City for that particular employment. His contract of hire was not general nor indefinite as to the location of employment, and the job or project, to which the hiring was solely referable, was a distinct and separate unit of the employer's business activity for which it had contracted as a complete undertaking. Under the rules stated in Matter of Cameron v. Ellis ( 252 N.Y. 394) and applied in Matter of Copeland v. Foundation Co. ( 256 N.Y. 568) and Matter of Amaxis v. Vassilaros ( 258 N.Y. 544) it must be held that the location of the place of decedent's employment was in Maryland and thus beyond the reach of our statute (Workmen's Compensation Law). (See, also, Matter of Zeltoski v. Osborne Drilling Corp., 264 N.Y. 496; Matter of Bagdalik v. Flexlume Corp., 281 N.Y. 858; Matter of Jensen v. Boudin Contr. Corp., 283 N.Y. 572.) Decisions and award reversed and claim dismissed. Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ., concur.


Summaries of

Matter of Stephens v. Hudson Maintenance Co.

Appellate Division of the Supreme Court of New York, Third Department
Jan 19, 1949
274 App. Div. 1077 (N.Y. App. Div. 1949)
Case details for

Matter of Stephens v. Hudson Maintenance Co.

Case Details

Full title:In the Matter of the Claim of FLORENCE STEPHENS, Respondent, against…

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

Date published: Jan 19, 1949

Citations

274 App. Div. 1077 (N.Y. App. Div. 1949)