Appellate Division of the Supreme Court of New York, 1971

Claim of Quigley v. American Motor Sales Corp.

Claim of Quigley v. American Motor Sales Corp.
Appellate Division of the Supreme Court of New York · Decided February 16, 1971
36 A.D.2d 668; 318 N.Y.S.2d 208; 1971 N.Y. App. Div. LEXIS 4748
Claim of Quigley v. American Motor Sales Corp.

Opinion of the Court

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. *669Corp. (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.

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