Claim of Quigley v. American Motor Sales Corp.

Majority

p. 668

In the Matter of the Claim of Virginia Quigley, Respondent, v. American Motor Sales Corp. et al., Appellants. Workmen’s Compensation Board, Respondent.

Reynolds, 'Staley, Jr., Greenblott and Cooke, JJ., concur; Herlihy, P. J., concurs in the following memorandum: While there was a possibility in Matter of Post v. Tennessee Prods. & Chem.

p. 669

Corp. ( 14 N Y 2d 796 ) of some work-connected reason (automobile trouble, confusing signs, et cetera), such a likelihood is not here present, even though, as in Post, the decedent was an outside worker and the automobile was work-connected. I would vote to reaffirm my dissent in Post (see 19 A D 2d 484 -487) except for the Court of Appeals decision, which seems to require my affirmance.

Cases cited

Claim of Post v. Tennessee Products & Chemical Corp. 14 N Y 2d 796 N.Y. 1964-06-04 p. 669
Post v. Tennessee Products & Chemical Corp. 19 A D 2d 484 N.Y. App. Div. 1963-11-26 p. 669