Lustgarten v. Victor Plumbing Supply

Appellate Division of the Supreme Court of New York

Lustgarten v. Victor Plumbing Supply

61 A.D.2d 875, 402 N.Y.S.2d 241, 1978 N.Y. App. Div. LEXIS 10361

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

DecidedFebruary 16, 1978

StatusPublished

This text of 61 A.D.2d 875 (Lustgarten v. Victor Plumbing Supply) 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

Lustgarten v. Victor Plumbing Supply, 61 A.D.2d 875, 402 N.Y.S.2d 241, 1978 N.Y. App. Div. LEXIS 10361 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed November 12, 1976, which reversed a referee finding that claimant’s decedent’s death did not result from an accident arising out of and in the course of employment. The board found that: "[Bjased upon the credible testimony, particularly that of Mr. Foreman, to the effect that claimant periodically, as much as 2 or 3 times a month, would deliver plumbing supplies to him, in a manner similar as on the day of assault, which resulted in his death, and, that this did constitute an accident arising out of and in the course of employment.” Substantial evidence supports this determination. Decision affirmed, with costs to the Workmen’s Compensation Board against the employer and its insurance carrier. Mahoney, P. J., Greenblott, Sweeney, Staley, Jr., and Mikoll, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of the Workmen’s Compensation Board, filed November 12, 1976, which reversed a referee finding that claimant’s decedent’s death did not result from an accident arising out of and in the course of employment. The board found that: "[Bjased upon the credible testimony, particularly that of Mr. Foreman, to the effect that claimant periodically, as much as 2 or 3 times a month, would deliver plumbing supplies to him, in a manner similar as on the day of assault, which resulted in his death, and, that this did constitute an accident arising out of and in the course of employment.” Substantial evidence supports this determination. Decision affirmed, with costs to the Workmen’s Compensation Board against the employer and its insurance carrier. Mahoney, P. J., Greenblott, Sweeney, Staley, Jr., and Mikoll, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

61 A.D.2d 875, 402 N.Y.S.2d 241, 1978 N.Y. App. Div. LEXIS 10361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lustgarten-v-victor-plumbing-supply-nyappdiv-1978.