Claim of Niccolai v. Waldorf System, Inc.

Appellate Division of the Supreme Court of New York

Claim of Niccolai v. Waldorf System, Inc.

262 A.D. 1052, 30 N.Y.S.2d 238, 1941 N.Y. App. Div. LEXIS 7190

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

DecidedOctober 1, 1941

StatusPublished

This text of 262 A.D. 1052 (Claim of Niccolai v. Waldorf System, 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 Niccolai v. Waldorf System, Inc., 262 A.D. 1052, 30 N.Y.S.2d 238, 1941 N.Y. App. Div. LEXIS 7190 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal from an award of death benefits. Decedent was the janitor of the Keenan Building, a small office building at 258 Broadway, Troy, N. Y. He died as a result of injuries received about ten-thirty a. m. April 1, 1939, by falling from a window of a beauty parlor on the second floor of the building to the paved areaway. The proprietor of the parlor asked him to open her windows facing upon the areaway for ventilation. This was one of decedent’s duties. The employer and carrier ask a reversal upon the ground, as they say, that decedent had abandoned his employment in that he was washing windows in violation of instructions. It is not questioned that he came [1053]*1053to his death by falling from the window in the areaway. The evidence sustains the finding that he had not abandoned his employment. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Hefiernan and Schenck, JJ.

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Appeal from an award of death benefits. Decedent was the janitor of the Keenan Building, a small office building at 258 Broadway, Troy, N. Y. He died as a result of injuries received about ten-thirty a. m. April 1, 1939, by falling from a window of a beauty parlor on the second floor of the building to the paved areaway. The proprietor of the parlor asked him to open her windows facing upon the areaway for ventilation. This was one of decedent’s duties. The employer and carrier ask a reversal upon the ground, as they say, that decedent had abandoned his employment in that he was washing windows in violation of instructions. It is not questioned that he came [1053]*1053to his death by falling from the window in the areaway. The evidence sustains the finding that he had not abandoned his employment. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Hefiernan and Schenck, JJ.

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Bluebook (online)

262 A.D. 1052, 30 N.Y.S.2d 238, 1941 N.Y. App. Div. LEXIS 7190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-niccolai-v-waldorf-system-inc-nyappdiv-1941.