MTR. OF PIATEK v. PLYMOUTH ROCK PROV.


15 A.D.2d 405 (1962)

In the Matter of the Claim of Martha Piatek, Respondent, v. Plymouth Rock Provision Company, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

February 20, 1962.


Attorney(s) appearing for the Case

John H. Roberts for appellants.

Louis J. Lefkowitz, Attorney-General (John J. Quinn and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

Alexander A. Suess for claimant-respondent.

BERGAN, P. J., HERLIHY, REYNOLDS and TAYLOR, JJ., concur.


COON, J.

This is a so-called "horseplay" case in which appellants contend that decedent's injury and death did not arise out of and in the course of his employment. It is argued that decedent was the instigator of the horseplay, and hence his dependents are barred from compensation.

Decedent worked in a meat processing plant from midnight until 8:30 A.M., and was allowed 40 minutes as a "lunch break" at about 5:00 A.M. During the lunch break on...

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