Claim of Rayfield v. Mosheim

Appellate Division of the Supreme Court of New York

Claim of Rayfield v. Mosheim

21 A.D.2d 711, 249 N.Y.S.2d 284, 1964 N.Y. App. Div. LEXIS 3873

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 6, 1964

StatusPublished

This text of 21 A.D.2d 711 (Claim of Rayfield v. Mosheim) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Rayfield v. Mosheim, 21 A.D.2d 711, 249 N.Y.S.2d 284, 1964 N.Y. App. Div. LEXIS 3873 (N.Y. Ct. App. 1964).

Pincite

Opinion

There was competent substantial evidence that the fire originated in the “sleeping area”, this from the testimony and report of a fire department battalion chief; and that claimant went to sleep while lying on his bed and smoking a cigarette, this from admissions which the board was entitled to credit. Thereupon it was properly found, in essence, that the fire and claimant’s resultant injuries, were caused solely by a personal act, unrelated to the employment. Decision affirmed, without costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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There was competent substantial evidence that the fire originated in the “sleeping area”, this from the testimony and report of a fire department battalion chief; and that claimant went to sleep while lying on his bed and smoking a cigarette, this from admissions which the board was entitled to credit. Thereupon it was properly found, in essence, that the fire and claimant’s resultant injuries, were caused solely by a personal act, unrelated to the employment. Decision affirmed, without costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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Bluebook (online)

21 A.D.2d 711, 249 N.Y.S.2d 284, 1964 N.Y. App. Div. LEXIS 3873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-rayfield-v-mosheim-nyappdiv-1964.