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Matter of Elwood v. Herkimer Cent. School

Court of Appeals of the State of New York
Nov 2, 1967
232 N.E.2d 646 (N.Y. 1967)

Summary

In Elwood school officials were given permission by a fraternal organization to allow teachers to park in their lot adjacent to the school.

Summary of this case from Quality Car Wash v. Cox

Opinion

Argued October 25, 1967

Decided November 2, 1967

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Philip D. O'Donnell for appellant.

Joseph M. Soviero and Bernard F. Farley for respondents.


Order reversed and determination of the Workmen's Compensation Board reinstated, with costs in this court and in the Appellate Division against respondents employer and carrier, for the reasons stated in the dissenting opinion in the Appellate Division. No opinion.

Concur: Chief Judge FULD and Judges BURKE, BERGAN and KEATING. Judges VAN VOORHIS, SCILEPPI and BREITEL dissent and vote to affirm upon the grounds stated in the concurring opinion of Judge HERLIHY in the Appellate Division.


Summaries of

Matter of Elwood v. Herkimer Cent. School

Court of Appeals of the State of New York
Nov 2, 1967
232 N.E.2d 646 (N.Y. 1967)

In Elwood school officials were given permission by a fraternal organization to allow teachers to park in their lot adjacent to the school.

Summary of this case from Quality Car Wash v. Cox

In Elwood school officials were given permission by a fraternal organization to allow teachers to park in their lot adjacent to the school.

Summary of this case from Rohrs v. Saif

In Matter of Elwood v. Herkimer Cent. School (20 N.Y.2d 869), the parking lot across the street from the school where claimant was employed was owned by a private fraternal society.

Summary of this case from Matter of Deusen v. County of Onondaga
Case details for

Matter of Elwood v. Herkimer Cent. School

Case Details

Full title:In the Matter of the Claim of MARY ELWOOD, Appellant, v. HERKIMER CENTRAL…

Court:Court of Appeals of the State of New York

Date published: Nov 2, 1967

Citations

232 N.E.2d 646 (N.Y. 1967)
232 N.E.2d 646
285 N.Y.S.2d 614

Citing Cases

Rohrs v. Saif

In all of the cases the employer has established, by ownership and control, or by custom, some form of right…

Quality Car Wash v. Cox

In all of the cases the employer has established, by ownership and control, or by custom, some form of right…