21 A.D.2d 708 | N.Y. App. Div. | 1964
Appeal by the employer and its carrier from a decision and award of the Workmen’s Compensation Board which unanimously affirmed a Referee’s decision that claimant sustained an accident arising out of and in the course of employment. Claimant worked as a sales clerk in the employer’s department store located in a shopping center in Hicksville, N. Y. The employer’s store is one of many retail outlets in the shopping plaza. The stores are all grouped in the center of a mall which is completely surrounded by parking fields estimated to accommodate 8,000 ears. The parking area is operated by the owners of the entire shopping center and the employer appellant has no ownership or control over this area whatever. The parking area is for the use of the employees as well as the customers of the various stores. There is no charge to park and employees of the employer appellant were allowed to park their ears anywhere in the parking area. On December 20, 1962, the claimant went to work around noon and stopped work at approximately 6 o’clock for supper. As was her custom when working in the evening, claimant drove home for her supper hour. She returned around 7 o’clock and parked her car in the parking field. When she was alighting from ner car, claimant fell and fractured her wrist. The board in affirming the award