Claim of De Angelis v. Garfinkel Painting Co.

Taylor, J. (dissenting).

In Matter of McCarter v. La Rock (240 N. Y. 282, 285) upon which the board principally relied it was stated: “ [W]e have insisted that there must be some connection between accident and employment other than a mere physical location of the employee which placed him in the pathway of a cause producing injuries, no matter where or how that cause originated.” Quite obviously the application of this rule to the facts of the case at bar would require the affirmance of the board’s decision.

A majority of the court has reached the conclusion, however, that the holdings of the…