Claim of Quigley v. American Motor Sales Corp.

Appellate Division of the Supreme Court of New York

Claim of Quigley v. American Motor Sales Corp.

36 A.D.2d 668, 318 N.Y.S.2d 208, 1971 N.Y. App. Div. LEXIS 4748

Appellate Division of the Supreme Court of the State of New York·Decided February 16, 1971·Published·Cited by 1 cases

Opinion

Reynolds, 'Staley, Jr., Greenblott and Cooke, JJ., concur; Herlihy, P. J., concurs in the following memorandum: While there was a possibility in Matter of Post v. Tennessee Prods. & Chem. [669]*669Corp. (14 N Y 2d 796) of some work-connected reason (automobile trouble, confusing signs, et cetera), such a likelihood is not here present, even though, as in Post, the decedent was an outside worker and the automobile was work-connected. I would vote to reaffirm my dissent in Post (see 19 A D 2d 484-487) except for the Court of Appeals decision, which seems to require my affirmance.

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Reynolds, 'Staley, Jr., Greenblott and Cooke, JJ., concur; Herlihy, P. J., concurs in the following memorandum: While there was a possibility in Matter of Post v. Tennessee Prods. & Chem. [669]*669Corp. (14 N Y 2d 796) of some work-connected reason (automobile trouble, confusing signs, et cetera), such a likelihood is not here present, even though, as in Post, the decedent was an outside worker and the automobile was work-connected. I would vote to reaffirm my dissent in Post (see 19 A D 2d 484-487) except for the Court of Appeals decision, which seems to require my affirmance.

Claim of Quigley v. American Motor Sales Corp., 36 A.D.2d 668, 318 N.Y.S.2d 208, 1971 N.Y. App. Div. LEXIS 4748 (N.Y. Ct. App. 1971).

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Opinion

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