Claim of Mack v. State Street Mill Bargain Center, Inc.

Appellate Division of the Supreme Court of New York

Claim of Mack v. State Street Mill Bargain Center, Inc.

17 A.D.2d 1006, 233 N.Y.S.2d 810, 1962 N.Y. App. Div. LEXIS 6985

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

DecidedNovember 21, 1962

StatusPublished

Cited by4 cases

This text of 17 A.D.2d 1006 (Claim of Mack v. State Street Mill Bargain Center, Inc.) 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 Mack v. State Street Mill Bargain Center, Inc., 17 A.D.2d 1006, 233 N.Y.S.2d 810, 1962 N.Y. App. Div. LEXIS 6985 (N.Y. Ct. App. 1962).

Pincite

Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. Claimant, employed as a clerk in a department store, was injured at a picnic sponsored by the employer. Although the picnic was off premises, on Sunday, when no salary was paid and employees furnished their own transportation, it could be found on this record that the picnic was designed to promote good will of employees and within the business interest of the employer to sponsor it. Here the picnic was organized and financed by the employer, which posted a list of employees on the bulletin board with a request for those who would attend to cheek off their names. In holding that attendance at the picnic was in the course of employment the board was within Matter of Dodge v. Wm. J. Keller, Inc. (279 App. Div. 959, affd. 304 N. Y. 792) and Matter of Fagan v. Albany Evening Union Co. (261 App. Div. 861). Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Appeal from a decision and award of the Workmen’s Compensation Board. Claimant, employed as a clerk in a department store, was injured at a picnic sponsored by the employer. Although the picnic was off premises, on Sunday, when no salary was paid and employees furnished their own transportation, it could be found on this record that the picnic was designed to promote good will of employees and within the business interest of the employer to sponsor it. Here the picnic was organized and financed by the employer, which posted a list of employees on the bulletin board with a request for those who would attend to cheek off their names. In holding that attendance at the picnic was in the course of employment the board was within Matter of Dodge v. Wm. J. Keller, Inc. (279 App. Div. 959, affd. 304 N. Y. 792) and Matter of Fagan v. Albany Evening Union Co. (261 App. Div. 861). Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Bluebook (online)

17 A.D.2d 1006, 233 N.Y.S.2d 810, 1962 N.Y. App. Div. LEXIS 6985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mack-v-state-street-mill-bargain-center-inc-nyappdiv-1962.

Opinion

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