Legal Opinion

Claim of Malacarne v. City of Yonkers Parking Authority

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 1975PublishedCited by 1 opinion

1Opinion of the Court

— Appeal from a decision of the Workmen’s Compensation Board, filed May 2, 1974, which awarded death benefits to the widow and minor children of the deceased employee hereinafter finding that an assault upon the employee which resulted in his death arose out of and in the course of his employment. Decedent, Maurice Malacarne, was employed by the City of Yonkers Parking Authority as an attendant at a parking lot for Yonkers Raceway. His regular working hours were from 6:00 p.m. to 11:00 p.m., and each night at approximately 10:45 p.m. he would place that night’s receipts in a bank bag and…

2Cases cited4 opinions

  1. Claim of Dependents of Marks v. GrayNew York Court of Appeals · 1929
  2. Benjamin v. Kaplan Electric Co.New York Court of Appeals · 1961
  3. Claim of Benjamin v. Kaplan Electric Co.Appellate Division of the Supreme Court of the State of New York · 1959
  4. Claim of O'Rourke v. Manuet RestaurantAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by1 opinion

  1. Gallimore v. Marilyn's ShoesSupreme Court of North Carolina · 1977

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