Claim of Caney v. Straight

Appellate Division of the Supreme Court of New York

Claim of Caney v. Straight

274 A.D. 1077, 85 N.Y.S.2d 626, 1949 N.Y. App. Div. LEXIS 6136

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 19, 1949

StatusPublished

Cited by2 cases

This text of 274 A.D. 1077 (Claim of Caney v. Straight) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Caney v. Straight, 274 A.D. 1077, 85 N.Y.S.2d 626, 1949 N.Y. App. Div. LEXIS 6136 (N.Y. Ct. App. 1949).

Pincite

Opinion

Appeal from award of compensation benefits. Claimant was employed as a pastry cook in a summer resort hotel in the Adirondack area. Her working hours were from 7:00 a.m. to 8:30 P.M., seven days a week. She lived on her employer’s premises during the period of employment. The employer furnished cottages for claimant and other employees. Claimant had a rest period of from one to two hours in the afternoon whenever she could get away from her work. She regarded herself as always on call within the range of her working hours. While she could have [1078]*1078left the resort during her rest period, distance and lack of personal facilities of transport made this difficult. While on her rest period she went to the cottage of a fellow employee to return a book. She fell on a “ peculiar step ” leading to the cottage, located in such relation to the door that it could have been found to be a hazard. The ease falls within the pattern of injuries sustained during rest periods, of which Matter of White v. Williamson (246 App. Div. 874 [1936]), Matter of Sullivan v. Motor Realty Corp. (272 App. Div. 986 [1947]) and Matter of Fuller v. Title Guar. & Trust Co. (223 App. Div. 173 [1928]) are examples. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Poster, P. J., Brewster, Deyo, Santry and Bergan, JJ.

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Appeal from award of compensation benefits. Claimant was employed as a pastry cook in a summer resort hotel in the Adirondack area. Her working hours were from 7:00 a.m. to 8:30 P.M., seven days a week. She lived on her employer’s premises during the period of employment. The employer furnished cottages for claimant and other employees. Claimant had a rest period of from one to two hours in the afternoon whenever she could get away from her work. She regarded herself as always on call within the range of her working hours. While she could have [1078]*1078left the resort during her rest period, distance and lack of personal facilities of transport made this difficult. While on her rest period she went to the cottage of a fellow employee to return a book. She fell on a “ peculiar step ” leading to the cottage, located in such relation to the door that it could have been found to be a hazard. The ease falls within the pattern of injuries sustained during rest periods, of which Matter of White v. Williamson (246 App. Div. 874 [1936]), Matter of Sullivan v. Motor Realty Corp. (272 App. Div. 986 [1947]) and Matter of Fuller v. Title Guar. & Trust Co. (223 App. Div. 173 [1928]) are examples. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Poster, P. J., Brewster, Deyo, Santry and Bergan, JJ.

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Bluebook (online)

274 A.D. 1077, 85 N.Y.S.2d 626, 1949 N.Y. App. Div. LEXIS 6136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-caney-v-straight-nyappdiv-1949.

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