special errand exception (New York) · Go Syfert
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special errand exception in New York

6 New York opinions name it 2 courts 1986–2023 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Claim of Carney v. Regal Dry Cleanersgreen
nyappdiv · 2003 · cited in 2 New York opinions naming this issue, 2005–2023
2 sentences

2023The special errand exception is applicable "if the employer both encouraged the errand and obtained a benefit from the employee's performance of the errand" ( Matter of Neacosia v New York Power Auth. , 85 NY2d at 478 ; see Matter of Gioia v Middletown School Dist. , 48 AD3d 841, 842 [3d Dept 2008]; Matter of Carney v Regal Dry Cleaners , 302 AD2d 702, 703 [3d Dept 2003]).

2005Contrary to claimant’s contention, neither the dual purpose exception nor the special errand exception is applicable in the instant case insofar as there is no evidence that the employer gained a benefit by allowing its employees to leave work to cash their paychecks, or that it otherwise required or encouraged them to do so (see Matter of Neacosia v New York Power Auth., 85 NY2d 471, 477 [1995]; Matter of Carney v Regal Dry Cleaners, 302 AD2d 702, 702-703 [2003]; but see Matter of Flamholtz v Byrde, Richards & Pound, 37 AD2d 645 [1971]; Matter of Watson v American Can Co., 23 AD2d 423 [1965])

22
Claim of Neacosia v. New York Power Authoritygreen
ny · 1995 · cited in 3 New York opinions naming this issue, 2001–2023
2 sentences

2023The special errand exception is applicable "if the employer both encouraged the errand and obtained a benefit from the employee's performance of the errand" ( Matter of Neacosia v New York Power Auth. , 85 NY2d at 478 ; see Matter of Gioia v Middletown School Dist. , 48 AD3d 841, 842 [3d Dept 2008]; Matter of Carney v Regal Dry Cleaners , 302 AD2d 702, 703 [3d Dept 2003]).

2005Contrary to claimant’s contention, neither the dual purpose exception nor the special errand exception is applicable in the instant case insofar as there is no evidence that the employer gained a benefit by allowing its employees to leave work to cash their paychecks, or that it otherwise required or encouraged them to do so (see Matter of Neacosia v New York Power Auth., 85 NY2d 471, 477 [1995]; Matter of Carney v Regal Dry Cleaners, 302 AD2d 702, 702-703 [2003]; but see Matter of Flamholtz v Byrde, Richards & Pound, 37 AD2d 645 [1971]; Matter of Watson v American Can Co., 23 AD2d 423 [1965])

13
Claim of Borgeat v. C & A Bakerygreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023The Board identified the correct standard articulated by the Court of Appeals but misapplied the special errand exception by overlooking the altered temporal scheme of claimant's travel and significance of the work-related activity performed by claimant for the employer's benefit upon being contacted by the employer while on standby ( see Matter of Borgeat v C & A Bakery , 89 AD3d 1296, 1297 [3d Dept 2011]; Matter of Dziedzic v Orchard Park Cent.

11
Claim of Dziedzic v. Orchard Park Central School Districtgreen
nyappdiv · 2001 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023School Dist. , 283 AD2d 878, 878-879 [3d Dept 2001]; Matter of Bump v Central School Dist.

11
Claim of Gioia v. Middletown School Districtgreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023The special errand exception is applicable "if the employer both encouraged the errand and obtained a benefit from the employee's performance of the errand" ( Matter of Neacosia v New York Power Auth. , 85 NY2d at 478 ; see Matter of Gioia v Middletown School Dist. , 48 AD3d 841, 842 [3d Dept 2008]; Matter of Carney v Regal Dry Cleaners , 302 AD2d 702, 703 [3d Dept 2003]).

11
Claim of McDonagh v. Troyman Chartering Inc.green
nyappdiv · 1975 · cited in 1 New York opinions naming this issue, 1995–1995
1 sentence

1995The dual purpose exception may apply when an employee is injured in transit to or from a location off the employer’s premises when the employee’s presence at that location served both a business and personal purpose (see, Matter of Hille v Gerald Records, 23 *476 NY2d 135, supra [employee’s home could be considered a place of employment]; Matter of Mahoney v Stem & Co., 9 NY2d 931 , revg 9 AD2d 843 , supra [out-of-State trip served both personal and business purposes]; see also, Matter of McDonagh v Troyman Chartering, 50 AD2d 301 ).

11
Claim of Oehley v. Syracuse Boys Clubgreen
nyappdiv · 1989 · cited in 1 New York opinions naming this issue, 1994–1994
1 sentence

1994Application of the special errand exception hinges upon "whether the special service is suitable and 'sufficiently work related under the circumstances’ ” (Matter of Gray v Lyons Transp., supra, at 986, quoting Matter of Richardson v Fiedler Roofing, 67 NY2d 246, 249 ; see, Matter of Oehley v Syracuse Boys Club, supra, at 827).

11
Claim of Gray v. Lyons Transportationgreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 1994–1994
1 sentence

1994Application of the special errand exception hinges upon "whether the special service is suitable and 'sufficiently work related under the circumstances’ ” (Matter of Gray v Lyons Transp., supra, at 986, quoting Matter of Richardson v Fiedler Roofing, 67 NY2d 246, 249 ; see, Matter of Oehley v Syracuse Boys Club, supra, at 827).

11

Distinguished, questioned or overruled (2)

CaseNegativeCited
Claim of Watson v. American Can Co.neutral
nyappdiv · 1965 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005Contrary to claimant’s contention, neither the dual purpose exception nor the special errand exception is applicable in the instant case insofar as there is no evidence that the employer gained a benefit by allowing its employees to leave work to cash their paychecks, or that it otherwise required or encouraged them to do so (see Matter of Neacosia v New York Power Auth., 85 NY2d 471, 477 [1995]; Matter of Carney v Regal Dry Cleaners, 302 AD2d 702, 702-703 [2003]; but see Matter of Flamholtz v Byrde, Richards & Pound, 37 AD2d 645 [1971]; Matter of Watson v American Can Co., 23 AD2d 423 [1965])

11
Claim of Flamholtz v. Byrde, Richards & Pound, Inc.green
nyappdiv · 1971 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005Contrary to claimant’s contention, neither the dual purpose exception nor the special errand exception is applicable in the instant case insofar as there is no evidence that the employer gained a benefit by allowing its employees to leave work to cash their paychecks, or that it otherwise required or encouraged them to do so (see Matter of Neacosia v New York Power Auth., 85 NY2d 471, 477 [1995]; Matter of Carney v Regal Dry Cleaners, 302 AD2d 702, 702-703 [2003]; but see Matter of Flamholtz v Byrde, Richards & Pound, 37 AD2d 645 [1971]; Matter of Watson v American Can Co., 23 AD2d 423 [1965])

11

Also cited on this issue (10)

CaseCitedYears
Claim of Richardson v. Fiedler Roofing, Inc. green
ny · 1986
2 sentences

1995A. The test for determining whether specific activities are within the scope of employment or purely personal is whether the activities are both reasonable and sufficiently work related under the circumstances (Matter of Richardson v Fiedler Roofing, 67 NY2d 246, 249 ; see, Matter of Capizzi v Southern Dist.

1994Application of the special errand exception hinges upon "whether the special service is suitable and 'sufficiently work related under the circumstances’ ” (Matter of Gray v Lyons Transp., supra, at 986, quoting Matter of Richardson v Fiedler Roofing, 67 NY2d 246, 249 ; see, Matter of Oehley v Syracuse Boys Club, supra, at 827).

21994–1995
Mahoney v. Michaels Stern & Co. neutral
ny · 1961
1 sentence

1995The dual purpose exception may apply when an employee is injured in transit to or from a location off the employer’s premises when the employee’s presence at that location served both a business and personal purpose (see, Matter of Hille v Gerald Records, 23 *476 NY2d 135, supra [employee’s home could be considered a place of employment]; Matter of Mahoney v Stem & Co., 9 NY2d 931 , revg 9 AD2d 843 , supra [out-of-State trip served both personal and business purposes]; see also, Matter of McDonagh v Troyman Chartering, 50 AD2d 301 ).

11995–1995
Claim of Mahoney v. Michaels Stern & Co. neutral
nyappdiv · 1959
1 sentence

1995The dual purpose exception may apply when an employee is injured in transit to or from a location off the employer’s premises when the employee’s presence at that location served both a business and personal purpose (see, Matter of Hille v Gerald Records, 23 *476 NY2d 135, supra [employee’s home could be considered a place of employment]; Matter of Mahoney v Stem & Co., 9 NY2d 931 , revg 9 AD2d 843 , supra [out-of-State trip served both personal and business purposes]; see also, Matter of McDonagh v Troyman Chartering, 50 AD2d 301 ).

11995–1995
Claim of Broich v. New York State Union College of Optometry neutral
nyappdiv · 1986
1 sentence

1995Auth., supra; Matter of Broich v New York State Union Coll. of Optometry, 117 AD2d 868, 869 ). * The question on this appeal *476 is whether the special errand exception applies only if, as the Appellate Division held, the employer has expressly required or directed the employee to perform the errand.

11995–1995
Lemon v. NYC TR. AUTH. green
ny · 1988
1 sentence

1995Auth., supra; Matter of Broich v New York State Union Coll. of Optometry, 117 AD2d 868, 869 ). * The question on this appeal *476 is whether the special errand exception applies only if, as the Appellate Division held, the employer has expressly required or directed the employee to perform the errand.

11995–1995
Claim of Teles v. Westbury S & S Concrete Inc. green
ny · 1976
1 sentence

1986The special errand exception requires some nexus, express or implied, between the journey or the destination itself and the work to be accomplished or some other benefit to the employer (cf. Matter of Teles v Westbury S & S Concrete, 50 AD2d 954 , affd 40 NY2d 902 ; Matter of Munro v County of Suffolk, 49 AD2d 994 ; Matter of Bump v Central School Dist.

11986–1986
Matter of Bump v. Cent. Sch. Dist. No. 3, Montrose neutral
ny · 1974
1 sentence

1986No. 3, 40 AD2d 243 , affd 34 NY2d 577 ).

11986–1986
Bump v. Central School District No. 3 green
nyappdiv · 1972
1 sentence

1986No. 3, 40 AD2d 243 , affd 34 NY2d 577 ).

11986–1986
Claim of Munro v. County of Suffolk neutral
nyappdiv · 1975
1 sentence

1986The special errand exception requires some nexus, express or implied, between the journey or the destination itself and the work to be accomplished or some other benefit to the employer (cf. Matter of Teles v Westbury S & S Concrete, 50 AD2d 954 , affd 40 NY2d 902 ; Matter of Munro v County of Suffolk, 49 AD2d 994 ; Matter of Bump v Central School Dist.

11986–1986
In re the Claim of Ridgeway green
nyappdiv · 1975
1 sentence

1986The special errand exception requires some nexus, express or implied, between the journey or the destination itself and the work to be accomplished or some other benefit to the employer (cf. Matter of Teles v Westbury S & S Concrete, 50 AD2d 954 , affd 40 NY2d 902 ; Matter of Munro v County of Suffolk, 49 AD2d 994 ; Matter of Bump v Central School Dist.

11986–1986

Where else courts name it

CA 23 (1940–2024) FL 11 (1981–2012) UT 8 (1984–2014) NM 8 (1960–2014) NC 7 (1995–2011) NY 6 (1986–2023) OR 5 (1987–2000) VA 4 (1996–2001) WV 4 (1974–2002) TN 4 (2004–2016) NE 4 (1990–2019) IA 3 (1996–2015) NJ 3 (1974–1977) AK 3 (1979–1991) MD 3 (1980–1996) ID 3 (2015–2019) MN 3 (1963–2026) ME 2 (1978–2006) SC 2 (2009–2015) MO 2 (1995–1998) DE 2 (1993–2018) AL 2 (1987–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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