Respole v. Schorr

• Decision Date: 08 February 1966
• Citation: Respole v. Schorr, 266 N.Y.S.2d 863, 25 A.D.2d 581 (N.Y. App. Div. 1966)
• Parties: Claim of Florence RESPOLE, Respondent, v. Max SCHORR et al., Appellants, Workmen's Compensation Board, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 863

266 N.Y.S.2d 863

25 A.D.2d 581

Claim of Florence RESPOLE, Respondent, v.Max SCHORR et al., Appellants, Workmen's Compensation BoardRespondent.

Supreme Court, Appellate Division, Third Department.

Feb. 8, 1966.

Bernard F. Farley, New York City, for appellants.

Jacowitz & Bardack, Brooklyn, for claimant-respondent.

Louis J. Lefkowitz, Atty. Gen., for Workmen's Compensation Bd., (Daniel Polansky and Harry Rackow, Asst. Attys.Gen., of counsel).

Before GIBSON, P. J., and HERLIHY, REYNOLDS, TAYLOR and AULISI, JJ.

HERLIHY, Justice.

Appeal from a decision of the board which determined that at that time of the accident the claimant was within her employment.

The claimant was a secretary in the employer's law office and was requested to go to a law office and secure a case file, similar errands having been requested of her on prior occasions.Her regular working hours were from 9:30 a. m. to 5:30 p. m. and it was her practice to leave her home at Bayside, Long Island, about 8:30 a. m. On the day of the accident she left earlier, having made arrangements with the law office to pick up the file.While on her way to perform the errand and likewise to go to work, in descending the stairs to the subway she fell and sustained injuries.Her employer in his report to the board stated that the accident happened while the claimant was on her way to pick up a file and so testified at the hearing.A lawyer from the law office corroborated the claimant's testimony.

On this uncontroverted evidence, the board found 'that claimant's trip on the morning of the day of the accident had a dual purpose; she was not only on her way to work but, while enroute, was to stop at the office or [sic] her employer's association counsel, as per her employer's instructions, to pick up a case file and bring it back to the office.Under the circumstances, the Board finds that the accidental injury sustained arose out of and in the course of employment'.

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