Legal Opinion

Claim of Holcomb v. Daily News

New York Court of Appeals

Decided December 6, 1978PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

Wachtler, J.

The Workmen’s Compensation Board* (Board) awarded death benefits to decedent’s widow, and the Appellate Division unanimously affirmed. Appellants contend that the fatal accident did not arise out of and in the course of decedent’s employment, as a matter of law, and that the claimant is therefore not entitled to the benefits sought.

On September 19, 1974 decedent, John Holcomb, an employee of the Daily News (News) was on his way to his place of work, the employer’s Brooklyn plant, when he noticed and hailed a passing News delivery truck. Recognizing Holcomb, the…

2Cases cited10 opinions

  1. Claim of Littler v. George A. Fuller Co.New York Court of Appeals · 1918
  2. Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
  3. Tallon v. . Interborough Rapid Transit Co.New York Court of Appeals · 1922
  4. Green v. Travelers InsuranceNew York Court of Appeals · 1941
  5. Greene v. NYC SOC SERVS.New York Court of Appeals · 1978

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3Cited by30 opinions

  1. Claim of Richardson v. Fiedler Roofing, Inc.New York Court of Appeals · 1986
  2. Johannesen v. New York City Department of Housing Preservation & DevelopmentNew York Court of Appeals · 1994
  3. Claim of Neacosia v. New York Power AuthorityNew York Court of Appeals · 1995
  4. Claim of Lemon v. New York City Transit AuthorityNew York Court of Appeals · 1988
  5. De Mayo v. Rensselaer Polytech InstituteNew York Court of Appeals · 1989

25 more not listed; retrieve them via the Exa API.

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