MATTER OF VAN SLUYTMAN


235 A.D.2d 899 (1997)

653 N.Y.S.2d 169

In the Matter of the Claim of Myrla Van Sluytman, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

January 23, 1997


Claimant and her employer were codefendants in a civil trial arising out of an accident wherein claimant struck a pedestrian while driving the employer's car. In May 1993, at a time when claimant had been subpoenaed to testify at trial and jury selection had commenced, claimant nonetheless left on a vacation trip, failing to comply with her employer's request to leave a telephone number where she could be reached. Because claimant was not available to testify, the employer...

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