Legal Opinion
Claim of De Angelis v. Garfinkel Painting Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 1963Published
1Opinion of the CourtBergan, P. J.
Claimant, while working as a painter, was injured when a stone was thrown through a window breaking the pane. The stone and broken glass from the window both struck claimant in the face. Although the facts are entirely undisputed and the Workmen’s Compensation Board has found that “ the accident arose in the course of employment ”, it dismissed the claim at a matter of law because 1 ‘ it did not arise out of the employment ’ ’.
The authority on which the board acted was Matter of McCarter v. La Rock (240 N. Y. 282 [1925]). Claimant in that case was injured by the explosion of an old shell in…
2Cases cited8 opinions
- Matter of McCarter v. LarockNew York Court of Appeals · 1925
- Claim of Christiansen v. Hill Reproduction CoAppellate Division of the Supreme Court of the State of New York · 1941
- Claim of Humphrey v. Tietjen & Steffin Milk Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Matter of Filitti v. Lerode Homes CorporationNew York Court of Appeals · 1927
- Matter of Humphrey v. Tietjen Steffin Milk Co., Inc.New York Court of Appeals · 1933
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