Legal Opinion
Claim of Lopez v. Mamta Development Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 1984PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
Claimant was employed as an apartment building superintendent and, as incident to his duties and part of his remuneration, resided rent-free in one of the apartments with his family. He was injured as a result of a physical altercation with a tenant on March 17, 1981, which the Workers’ Compensation Board (the board) held not to be compensable because it did not arise out of and in the course of his employment. While there was conflicting testimony as to who was the aggressor in this incident, there was evidence indicating the following chain of events which led…
2Cases cited4 opinions
- Matter of Ognibene v. Rochester Manufacturing Co.New York Court of Appeals · 1948
- Claim of Merchant v. Pinkerton's Inc.New York Court of Appeals · 1980
- Matter of Gaurin v. Bagley Sewall CompanyNew York Court of Appeals · 1948
- Matter of Hyatt v. U.S. Rubber Reclaiming Co., Inc.New York Court of Appeals · 1931
3Cited by1 opinion
- Matter of Button v. ButtonAppellate Division of the Supreme Court of the State of New York · 2018