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MATTER OF RELKIN v. NAT. TRANSP. CO.

18 A.D.2d 137 (1963)

In the Matter of the Claim of Samuel Relkin, Respondent, v. National Transportation Co., Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

March 13, 1963.

Attorney(s) appearing for the Case

Joseph S. Catalano and James A. Doherty for appellants.

Fine, Finkelstein & Rosenbloom for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (John J. Quinn and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

COON, GIBSON, HERLIHY and TAYLOR, JJ., concur.

BERGAN, P. J.

Claimant is a taxi driver in New York. His work began each day at 3:00 P.M.; it ended at 1:00 A.M. He usually ate about 7 o'clock; but when and where he ate depended on the location and direction of the calls he received in his employment.

On April 4, 1961 about 7:00 P.M. he was injured in a cafeteria in The Bronx where he had stopped for his meal. He was then in The Bronx because the last...

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