Schwartz v. State

Hill, P. J. (dissenting).

Under the Workmen’s Compensation Law employment continues and the law applies while the employee is going, with reasonable dispatch, from the place of his employment (Matter of Lynch v. City of New York, 242 N. Y. 115), but it applies only “ until a suitable opportunity has been given to leave the place of work.” (Matter of Field v. Charmette K. F. Co., 245 N. Y. 139.) It is a question of fact whether the relation of employer and employee exists. (Matter of Dubinsky v. Kofsky, 266 N. Y. 631.)

Plaintiff’s intestate came into the building and remained fifty minutes after…