Claim of Malacarne v. City of Yonkers Parking Authority

Herlihy, P. J. (dissenting).

As noted by the majority herein, the employee’s duties ordinarily required him to deposit the receipts from the parking lot in a bank located across the street from the parking lot premises. The appellant contends that because the employee was not in the course of his employment at the time of the assault, entitlement to compensation is negated and the majority has adopted this position. However, this court recently determined in Matter of Notowitz v Rose Towel & Linen Supply Co. (36 AD2d 543, affd 29 NY2d 502) that where the record established that the inception…