Legal Opinion · Dissent

Groark v. Miller

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

Decided July 24, 1975Published

1Dissent

Reynolds, J. (dissenting).

A review of the cases will show that we would be in error in holding in this case that as a matter of law plaintiff was not in the course of her employment. The trial court refused to dismiss the defense because in his view a question of fact existed. I agree that probably we have about all of the pertinent facts here, at least enough to decide whether the defense that plaintiff’s exclusive remedy is under the Workmen’s Compensation Law, is sound. The question, of course, is whether plaintiff having not left the State Campus complex was within the precincts of her…

2Cases cited14 opinions

  1. Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
  2. Claim of Berry v. B. Gertz, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
  3. Martin v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
  4. Martin v. . Metropolitan Life Insurance CompanyNew York Court of Appeals · 1922
  5. Sicktish v. Vulcan Industries of Buffalo, Inc.Appellate Division of the Supreme Court of the State of New York · 1970

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