Legal Opinion
Claim of McLeod v. Ground Handling, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 2012PublishedCited by 8 opinions
1Opinion of the Court
Peters, J.P.
Accidents that occur on a public street away from the place of employment and outside working hours generally are not considered to arise out of and in the course of employment (see *1075Matter of Littles v New York State Dept. of Corrections, 61 AD3d 1266, 1267 [2009]; Matter of Harris v New York State Off. of Gen. Servs., 13 AD3d 796, 796 [2004]). However, where, as here, the accident occurred near the claimant’s place of employment, “there develops a gray area where the risks of street travel merge with the risks attendant with employment and where the mere fact that the accident…
2Cases cited3 opinions
- Claim of Littles v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2009
- Claim of Harris v. New York State Office of General ServicesAppellate Division of the Supreme Court of the State of New York · 2004
- Claim of Fiero v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by8 opinions
- Matter of Johnson (New York City Tr. Auth.)Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of Djukic v. Hanna Andersson, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Cadme v. FOJP Serv. Corp.Appellate Division of the Supreme Court of the State of New York · 2021
- Claim of Trotman v. New York State CourtsAppellate Division of the Supreme Court of the State of New York · 2014
- Claim of Trotman v. New York State CourtsAppellate Division of the Supreme Court of the State of New York · 2014
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