294 N.Y. 1 | NY | 1944
This is a claim for workmen's compensation by a State employee whose place of employment is the State Office Building at Albany, N Y In order to reach the building, it is necessary for her to use a sidewalk on a piece of property owned and controlled by the State and denominated Swan Street. While so doing, in March of 1939, she fell upon the ice which was there located and sustained the injuries for which she seeks compensation.
Under chapter 5 of the Laws of 1926, the Legislature set up a commission to select a site for the erection of a State Office Building in Albany. The commission was to cause a survey and map of the lands chosen to be made (§ 2), and after the service of copies of the map with certificates of accuracy on the owners of the lands in question, the entry and appropriation was to be deemed complete, and thereupon such property was to become the property of the People of the State (§ 4).
In accordance with that Act, a street which had been known as Swan Street and which connected State Street and Washington Avenue, was discontinued as a public street by the Common Council of Albany, and conveyed to the State by the City of Albany for a nominal consideration, actual payment of which was waived. After the erection of the building, a new Swan Street was laid out, which does not follow the line of the old street. In most places, it is located entirely east of the east line of the old street. The point at which claimant fell, however, is located upon the land conveyed by the city.
At the time of the hearing, it was stated that there were parking signs placed in the new street by the Albany City Police Department, but it was not known whether the city or the State cleaned it. There is no evidence in the record as to the maintenance of the street. There is a suggestion that there was an understanding between the city and the State "that there would be a public street put through for the convenience of the public, and also because of fire protection" since without a street the fire engines would have greater difficulty in getting from one part of the city to another. On this record, it is quite evident that the question of responsibility for keeping this so-called street in a reasonably safe condition may not be determined by some *4 vague "understanding." The State took a formal conveyance of the land and must accept the responsibilities flowing therefrom, unless by some appropriate and valid action it shifts those responsibilities to another.
The general rule, in compensation cases, applicable to the New York State Department of Labor as well as to an individual, is well stated in Matter of Kowalek v. N.Y. Cons. R.R. Co.
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There was no contention here that claimant's injuries would have been compensable if while on her way to work she had fallen upon a street or highway owned by the State of New York, no matter how far from her place of employment. Here, *5
the injury occurred "within that reasonable distance" of the point of commencement of her actual work within the meaning of the quoted words from the case of Matter of McInerney v. B. S.R.R. Corp. (
The order of the Appellate Division and the determination of the State Industrial Board should be reversed, with costs, and the matter remitted to the State Industrial Board for action thereon not inconsistent with this opinion. [See
RIPPEY, LEWIS, DESMOND and THACHER, JJ., concur; LEHMAN, Ch. J., and LOUGHRAN, J., dissent.
Ordered accordingly.