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MATTER OF KAYLOR v. 133 E. 80TH ST. CORP.

43 A.D.2d 999 (1974)

In the Matter of Jane Kaylor, Respondent, v. 133 East 80th Street Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

February 14, 1974

On April 25, 1971, the decedent was working a 4:00 P.M. to midnight shift as a porter-doorman in the employer's building. About 11:30 P.M. one Berrios, who was employed on the midnight to 8:00 A.M. shift as doorman, appeared. Berrios testified that decedent informed him that it was his last night of work for the employer, and then began slapping him. Berrios testified that he attempted to defend himself, whereupon decedent obtained a baseball bat from a nearby storage room...

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