MATTER OF LUBRANO v. MALINET


65 N.Y.2d 616 (1985)

In the Matter of the Claim of Michael Lubrano, Claimant, v. Christopher Malinet, Doing Business as Chris' Service Center, et al., Respondents. Workers' Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1985.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Howard B. Friedland and Robert Hermann of counsel), for appellant.

John Kearney for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the decision of the Workers' Compensation Board reinstated.

Claimant was a 16-year-old youth employed as a "gas jockey" at a service station when he incurred the injuries for which he seeks compensation. During working hours one day, a fellow employee showed him that it was possible to toss a lighted match into a bucket containing...

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