Fragale v. Armory Maintenance
New York Supreme Court, Appellate Division
24 A.D.2d 302, 265 N.Y.S.2d 793 (1966)
- Written by Serena Lipski, JD
Facts
Fragale was employed by Armory Maintenance. Fragale was working in the guard shack when he got into an argument with a coworker. The coworker ridiculed Fragale for saying that he wanted to remove his home to be closer to work. Fragale came at his coworker, the coworker pushed back, and then the coworker pushed Fragale one last time. Fragale fell onto two different chairs. First, Fragale fell on a swivel chair with casters. The chair flipped over, and the caster fell off. Fragale then fell into a tubular aluminum chair with wooden armrests. Fragale suffered four broken ribs and several hemorrhages, eventually dying of a heart attack as a result. Fragale’s wife, Mary Fragale (plaintiff), filed a claim for workers’ compensation. The Workmen’s Compensation Board granted benefits, and Armory Maintenance appealed, arguing that the accident did not arise out of and occur during the course of the employment.
Rule of Law
Issue
Holding and Reasoning (Gibson, J.)
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