Hyperlawhypertext legal database Claim of Lewis v. Toring Taxi Co. 46 N.Y.2d 890

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Claim of Lewis v. Toring Taxi Co.

46 N.Y.2d 890 Court N.Y. Decision date 1979-02-13 English

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p. 890
In the Matter of the Claim of George Lewis, Appellant, v Toring Taxi Co., Inc., et al., Respondents, and Special Disability Fund, Respondent. Workers’ Compensation Board, Respondent.
Submitted January 5, 1979;
decided February 13, 1979
p. 891
APPEARANCES OF COUNSEL
Anne G. Kafka for appellant.
William F. Fischer, Jr., for Toring Taxi Co., Inc., and another, respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Whether claimant’s injury arose out of and in the course of his employment presents a question of fact which has been answered in the negative by the board. We cannot say, as a matter of law, that substantial evidence does not exist to support this determination. (See Matter of McGrinder v Sullivan, 290 NY 11 , 12.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.

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