Legal Opinion

Claim of Caporale v. State Department of Taxation & Finance

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

Decided July 9, 1956PublishedCited by 14 opinions

1Opinion of the CourtBergan, J.

Claimant is a stenographer and secretary in the State Department of Taxation and Finance in New York City. She was allowed a three-quarter hour lunch period and required to punch a card in and out at her lunch period. Her superior testified it was customary with him that she he excused to go out for a cup of coffee “ from time to time claimant testified her superior “had always asked me to do that ” when her regular lunch hour was shortened because of the work.

On December 17, 1952 claimant took a somewhat shortened lunch period on the premises, punching out when she began and in when she…

2Cases cited5 opinions

  1. Matter of Bollard v. EngelNew York Court of Appeals · 1938
  2. Matter of Johnson v. SmithNew York Court of Appeals · 1933
  3. Claim of Fuller v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1928
  4. Matter of Layton v. Spear CompanyNew York Court of Appeals · 1941
  5. Claim of Karl v. Fair Shoe Repair, Inc.Appellate Division of the Supreme Court of the State of New York · 1945

3Cited by14 opinions

  1. Jordan v. Western Electric Co.Court of Appeals of Oregon · 1970
  2. Dependents of Pacheco v. Orchids of HawaiiHawaii Supreme Court · 1972
  3. Pabon v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  4. Claim of Marotta v. Town & Country Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Claim of Harford v. Widensky's, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

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