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LEMON v. NYC TR. AUTH.

72 N.Y.2d 324 (1988)

In the Matter of the Claim of Mattiel Lemon, Claimant, v. New York City Transit Authority, Appellant. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1988.

Attorney(s) appearing for the Case

Steve S. Efron and Albert C. Cosenza for appellant.

Robert Abrams, Attorney-General (Howard B. Friedland, O. Peter Sherwood, Jane Lauer Barker and Theresa E. Wolinski of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE and BELLACOSA concur with Judge TITONE; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion in which Judges SIMONS and ALEXANDER concur.

TITONE, J.

The familiar issue presented on this appeal is whether claimant's injuries arose out of and in the course of her employment. We conclude that claimant did not sustain a compensable injury.

Claimant, Mattiel Lemon, was employed as a conductor by the appellant, New York City Transit Authority, a self-insured employer (see, Workers' Compensation...

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