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1 A.D.2d 273

Groff v. Uzzilia

Appellate Division of the Supreme Court of the State of New York · decided 1956-03-21

Decided 1956-03-21

Foster, P. J. (dissenting).

¶1I feel impelled to disagree with the opinion for reversal in this claim. On the admission of the employer in his report of injury the decedent was furnished a room and board on the employer’s premises as part of his compensation. This admission was reluctantly confirmed by the employer in his oral testimony. If a room was furnished to the decedent as a part of his compensation it became an integral part of his employment. Once it can be found that occupancy was a part of the employment then it seems to me that whether it was permissive or not — i.e., whether it was the employee’s choice or the employer’s dictate — is immaterial. It is clear that the *277board could reasonably find that decedent’s death was occasioned by a risk inherent in the use of the premises, and hence in my view it arose out of and in the course of his employment.

¶2I vote to affirm.

¶3Zeller and Gibson, JJ., concur with Halpern, J., Foster, P. J., dissents and votes to affirm, in a memorandum in which Bergan, J., concurs.

¶4Award reversed and claim dismissed, without costs.

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