Legal Opinion
Claim of Potter v. VM Paolozzi Imports, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 2 opinions
1Opinion of the CourtPeters, J.
We affirm. “Accidents that occur during an employee’s short breaks, such as coffee breaks, are considered to be so closely related to the performance of the job that they do not constitute an interruption of employment” (Matter of Pabon v New York City Tr. Auth., 24 AD3d 833 [2005] [citations omitted]; accord Matter of Kontogiannis v Nationwide PC, 51 AD3d 1180, 1181 [2008]). Benefits are awarded “on the theory of constructive control of the employee by the employer during the off-premises activity” (Matter of Balsam v New York State Div. of Empl., 24 AD2d 802, 803 [1965]; accord Matter of…
2Cases cited6 opinions
- Claim of Caporale v. State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1956
- Pabon v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Claim of Balsam v. New York State Division of EmploymentAppellate Division of the Supreme Court of the State of New York · 1965
- Matter of Caporale v. State Dep't of Taxation & Fin.New York Court of Appeals · 1957
- Claim of Kontogiannis v. Nationwide PCAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by2 opinions
- Matter of Shyti v. ABMAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Deleon v. ElghanayanAppellate Division of the Supreme Court of the State of New York · 2018