Legal Opinion

Claim of Derello v. Wyndham Poughkeepsie Hotel

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

Decided July 29, 1993PublishedCited by 2 opinions

1Opinion of the CourtMercure, J.

Appeal from a decision of the Workers’ Compensation Board, filed February 19, 1992, which, inter alia, ruled that claimant sustained an accidental injury in the course of his employment.

Claimant, a doorman and driver for Wyndham Poughkeepsie Hotel (hereinafter the employer), sustained serious injuries shortly after midnight on December 25, 1987 when he was involved in an accident after driving a coemployee, Gigi Battle, home in the employer’s shuttle van. Although there is no question that claimant was engaged in a legitimate business errand when he drove Battle home, it is the position of…

2Cases cited9 opinions

  1. Claim of McCabe v. Peconic Ambulance & Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Claim of Pasquel v. CoverlyNew York Court of Appeals · 1958
  3. Claim of Post v. Tennessee Products & Chemical Corp.New York Court of Appeals · 1964
  4. Iacovelli v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1986
  5. Post v. Tennessee Products & Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 1963

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3Cited by2 opinions

  1. Claim of Purcell v. American SIP Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Claim of Wright v. Golden Arrow Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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