MATTER OF DAY


26 A.D.2d 851 (1966)

In the Matter of the Claim of Victor Day, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

October 20, 1966


AULISI, J.

The employer's water was shut off during the repair of a broken main and claimant, a dishwasher, was directed to wash dishes in a container of cold water and rinse them with used hot water for the duration of his shift. This he refused to do claiming that his employer was violating the Health Code and if he had followed instructions he would have become a party to the violation. He does not deny that he refused to perform his required duties...

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