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MATTER OF ONOFRI v. CITY OF SYRACUSE, DEP'T OF PUB. WORKS

45 A.D.2d 780 (1974)

In the Matter of Peter Onofri, Appellant, v. City of Syracuse, Department of Public Works, Respondent. Workmen's Compensation Board, Respondent

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

June 20, 1974

During a temporary lull in claimant's work as a flagman for the respondent employer, the claimant became involved in a physical altercation with two coemployees, as a result of which claimant sustained a broken ankle. There is no dispute that the incident occurred in the course of employment, and the board so found. However, the board also found that the fight was personal in nature, and therefore claimant's accident did not arise...

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