Legal Opinion

Claim of Giliotti v. Hoffman Catering Co.

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

Decided May 4, 1927Published

1DissentDavis, J.

If the act of the decedent in going to his room, removing the garb he was required to wear in the course of his employment and putting on his street clothes preparatory to going home, was a purely personal act unrelated to his employment, then his accidental death did not arise out of or occur in the course of his employment. If, on the other hand, his employment did not cease when his actual work in the kitchen ended, but continued until such a time as he had had a fair opportunity to leave his employer’s premises, then this award should be affirmed.

Decedent was told by his employer at…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Matter of Lynch v. City of New YorkNew York Court of Appeals · 1926
  2. Martin v. . Metropolitan Life Insurance CompanyNew York Court of Appeals · 1922
  3. Claim of Pope v. Merritt & Chapman Derrick & Wrecking Co.Appellate Division of the Supreme Court of the State of New York · 1917

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