New York Court of Appeals, 1973

Claim of Devito v. Imbriano

Claim of Devito v. Imbriano
New York Court of Appeals · Decided November 14, 1973
33 N.Y.2d 757; 305 N.E.2d 487; 350 N.Y.S.2d 406; 1973 N.Y. LEXIS 978

Claim of Devito v. Imbriano

Opinion of the Court

Order affirmed, with costs to the Workmen’s Compensation Board, in the following memorandum: The record supports the board’s determination that the accident arose out of and in the course of the employment. We do not, however, find record support, as the Appellate Division held, that-the “ decedent was within the class of ‘ outside workers ’ entitled to the protection of the statute from portal to portal. ’ ’

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Waohtler.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.