Legal Opinion · Dissent

Claim of Fragale v. Armory Maintenance

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

Decided January 5, 1966Published

1Dissent

Reynolds, J. (dissenting).

The background of this case is bizarre. At the hearings the claimant’s attorney attempted to prove that there was here involved a work-connected argument which led to a melee resulting in decedent’s injuries and death. In his closing statement before the Referee he said: “ Therefore, it becomes one of a question, did what took place in that shack have any connection with the business. If it was purely a personal thing, arising not out of the course of the employment, death without question would be related to the accident, but accident would not be related to the…

2Cases cited11 opinions

  1. Hartford Accident & Indemnity Co. v. CardilloCourt of Appeals for the D.C. Circuit · 1940
  2. Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
  3. Matter of Connelly v. Samaritan HospitalNew York Court of Appeals · 1932
  4. Matter of Scholtzhauer v. . C. L. Lunch Co.New York Court of Appeals · 1922
  5. Claim of Andrews v. L. & S. Amusement Corp.New York Court of Appeals · 1930

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