MATTER OF PATTI v. REPUBLIC AVIATION CORP.


20 A.D.2d 939 (1964)

In the Matter of the Claim of Erika Patti et al., Appellants, v. Republic Aviation Corp. et al., Respondents. Workmen's Compensation Board, Respondent

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

April 29, 1964


On September 18, 1959 decedent was killed when his car collided with a Long Island Railroad train. The record reveals that decedent, an inside employee who worked the 6:00 P.M. to 2:42 A.M. shift, left in his car at about 10:15 P.M. with two coemployees to have "lunch" at a nearby restaurant. Although the employer provided restaurant facilities on the premises, employees were permitted to secure their lunch elsewhere. The fatal accident occurred as decedent was presumably...

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