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KUNZE v. JONES

6 A.D.2d 888 (1958)

William F. Kunze, Respondent, v. Joshua W. Jones, Appellant

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

July 14, 1958

Judgment reversed, with costs, and complaint dismissed.

Appellant and respondent are coemployees of a hospital. During the course of their lunch period each drove his own automobile from a separate building to a parking lot adjacent to a commissary. Both lot and commissary were maintained by the hospital on its property. The commissary was available to employees, but they were not required to eat there. The lot also was available...

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