MATTER OF LUSTGARTEN v. VICTOR PLUMBING SUPPLY


61 A.D.2d 875 (1978)

In the Matter of the Claim of Pauline Lustgarten, Respondent, v. Victor Plumbing Supply et al., Appellants. Workmen's Compensation Board, Respondent

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

February 16, 1978


The board found that: "[B]ased upon the credible testimony, particularly that of Mr. Foreman, to the effect that claimant periodically, as much as 2 or 3 times a month, would deliver plumbing supplies to him, in a manner similar as on the day of assault, which resulted in his death, and, that this did constitute an accident arising out of and in the course of employment." Substantial evidence supports this determination.

Decision affirmed, with costs to the Workmen...

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