Berger v. Burlin & Jones, Inc.

Judgment, Supreme Court, New York County, entered on October 31, 1972, in favor of plaintiff Frank A. Lyons against defendant Burlin & J ones, Inc., affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. We all agree that an employee who drives his car to and from a fixed place of employment is generally not considered as acting in the scope of his employment, whereas one whose car 'is utilized in furtherance of his work is, as an exception to the general rule, considered as so acting. (Lundberg v. State of New York, 25 N Y 2d 467.) The point of departure…