MATTER OF ROSEN v. FIRST MANHATTAN BANK


84 N.Y.2d 856 (1994)

641 N.E.2d 1073

617 N.Y.S.2d 455

In the Matter of Mena Rosen, Claimant, v. First Manhattan Bank et al., Appellants. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided September 27, 1994.


Attorney(s) appearing for the Case

Fischer Brothers, New York City (Amy Levitt of counsel), for appellants.

G. Oliver Koppell, Attorney-General, New York City (Howard B. Friedland, Theresa E. Wolinski, Jane Lauer Barker, Peter H. Schiff and Jerry Boone of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The issue presented in this proceeding arising from a claim for workers' compensation death benefits is whether decedent's injuries are compensable as arising out of and in the course of his employment. Although decedent's death actually occurred in an 18th floor stairwell that was not technically part of the employer's premises, evidence that...

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