MTR LOPEZ v. MAMTA DEV.


101 A.D.2d 154 (1984)

In the Matter of the Claim of Jairo Lopez, Appellant, v. Mamta Development Corporation et al., Respondents. Workers' Compensation Board, Respondent

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

April 26, 1984


Attorney(s) appearing for the Case

Lee, Kirsch & Lefkowitz, P. C. (Henriette Frieder of counsel), for appellant.

Jones, Presti & Rooney (Victoria E. Manes of counsel), for Mamta Development Corp. and another, respondents.

MAHONEY, P. J., KANE, CASEY and WEISS, JJ., concur.


LEVINE, J.

Claimant was employed as an apartment building superintendent and, as incident to his duties and part of his remuneration, resided rent-free in one of the apartments with his family. He was injured as a result of a physical altercation with a tenant on March 17, 1981, which the Workers' Compensation Board (the board) held not to be compensable because it did not arise out of and in the course of his employment. While there was conflicting testimony...

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