Claim of Costabile v. Bowery Savings Bank

Appellate Division of the Supreme Court of New York

Claim of Costabile v. Bowery Savings Bank

261 A.D. 862, 24 N.Y.S.2d 765, 1941 N.Y. App. Div. LEXIS 7806

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

DecidedJanuary 15, 1941

StatusPublished

This text of 261 A.D. 862 (Claim of Costabile v. Bowery Savings Bank) 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 Costabile v. Bowery Savings Bank, 261 A.D. 862, 24 N.Y.S.2d 765, 1941 N.Y. App. Div. LEXIS 7806 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal from an award and decision of the State Industrial Board of disability benefits under the Workmen’s Compensation Law. Claimant was an elevator operator in a building of his employer, which was occupied by a garage and other tenants. On receiving a call he proceeded to the second floor and found a car parked there ready to be taken down to [863]*863the main floor. He attempted to start the car and while doing so lost control of it and it fell through another elevator shaft door. It is contended that when he attempted to start the automobile he abandoned his employment. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Sehenek and Foster, JJ.

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Appeal from an award and decision of the State Industrial Board of disability benefits under the Workmen’s Compensation Law. Claimant was an elevator operator in a building of his employer, which was occupied by a garage and other tenants. On receiving a call he proceeded to the second floor and found a car parked there ready to be taken down to [863]*863the main floor. He attempted to start the car and while doing so lost control of it and it fell through another elevator shaft door. It is contended that when he attempted to start the automobile he abandoned his employment. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Sehenek and Foster, JJ.

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Bluebook (online)

261 A.D. 862, 24 N.Y.S.2d 765, 1941 N.Y. App. Div. LEXIS 7806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-costabile-v-bowery-savings-bank-nyappdiv-1941.