MTR. OF MURPHY v. N.Y.C. TR. AUTH.


38 A.D.2d 346 (1972)

In the Matter of the Claim of Joseph Murphy, Appellant, v. New York City Transit Authority, Respondent. Workmen's Compensation Board, Respondent

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

March 7, 1972.


Attorney(s) appearing for the Case

Markhoff, Gottlieb, Lazarus, D'Auria & Maldonado (Burton A. Lazarus of counsel), for appellant.

John G. De Roos (John A. Murray and Helen R. Cassidy of counsel), for New York City Transit Authority, respondent.

Louis J. Lefkowitz, Attorney-General (Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

STALEY, JR., COOKE and SIMONS, JJ., concur with SWEENEY, J.; HERLIHY, P. J., dissents, and votes to reverse, in an opinion.


SWEENEY, J.

This is an appeal from a decision of the Workmen's Compensation Board, filed November 19, 1969, which denied a claim for compensation benefits.

The sole issue presented on this appeal is whether claimant's injuries arose out of and in the course of his employment. Claimant was employed by the New York City Transit Authority as a clerk. He was assigned to a change booth located at the Pelham...

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