MATTER OF DOWNEY v. VANDERLINDE ELECTRIC CORP

Claimant was employed by an electrical construction contractor. On the premises of a third party for which the employer was doing electrical work under contract, a private parking lot was maintained and made available to employees of the employer while the work was going forward. For the purpose of leaving the premises claimant had the use of a car owned by a fellow employee and was injured in getting into the car in the parking lot. The place where the employer's contract was being performed is deemed the employer's plant ( Matter of Gillette v. Rochester Vulcanite Paving Co., 224 App. Div. 319, 321, affd. 249 N.Y. 608). It is, therefore, to be treated, in its facilities for ingress and egress, as would such facilities of the employer's own plant, while the work was in progress. (Cf. Matter of Donehue v. Hebbard, 246 App. Div. 662.) Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.