Claim of Rayfield v. Mosheim
Claim of Rayfield v. Mosheim
21 A.D.2d 711; 249 N.Y.S.2d 284; 1964 N.Y. App. Div. LEXIS 3873
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.