MATTER OF KAPUSCINSKI v. JOHN P. PICONE, INC.


9 A.D.2d 994 (1959)

In the Matter of the Claim of Michael Kapuscinski, Respondent, v. John P. Picone, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 31, 1959


The claimant, who was employed as a night watchman, was assaulted by two men, beaten and robbed. The claimant told different versions of what had occurred, stating first that he had left the job site to get coffee and had returned when the assault occurred and then that he had gone into a tavern for coffee, had a bottle of coca cola because they did not serve coffee and when he came out and started back he was assaulted. Originally the board made an award and this court reversed...

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