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Claim of Pratt v. I. W. Industries, Inc.

35 N.Y.2d 763 Court N.Y. Decision date 1974-11-14 English

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p. 763
In the Matter of the Claim of Stanley W. Pratt, Respondent, v. I. W. Industries, Inc. et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued October 10, 1974;
decided November 14, 1974.
p. 764
John 8. Hogg for employer and another, appellants.
Louis J. Lefkowitz, Attorney-General (Jorge L. Gomes, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen’s Compensation Board, respondent.
Mo appearance for claimant-respondent.

Memorandum. We conclude that there was substantial evidence to support the determination of the Workmen’s Compensation Board that the accident arose out of and in the course of claimant’s employment. (Cf. Matter of Markoholz v. General Elec. Co., 13 N Y 2d 163 ; Matter of Love v. N. Y. S. Craig School, 34 N Y 2d 680 .)

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur.

Order affirmed, with costs, in memorandum.

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