MATTER OF COMM'R OF TAXATION & FIN. v. HOTEL WALDORF ASTORIA CORP.


1 A.D.2d 858 (1956)

In the Matter of the Claim of The Commissioner of Taxation and Finance, on Behalf of The Vocational Rehabilitation Fund and the Fund for Reopened Cases, et al., Respondents, v. Hotel Waldorf Astoria Corp. et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 21, 1956


The only issue arises upon appellants' contention that the accident did not arise out of and in the course of the employment but occurred during a deviation therefrom resulting from the alleged violation of a rule of the employer prohibiting an elevator operator from leaving his elevator unattended without the permission of the elevator starter or supervisor. After the accident decedent's elevator was found at the third floor level with the shaft door closed. Decedent's purpose...

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