Appellate Division of the Supreme Court of New York, 1964

Claim of Rayfield v. Mosheim

Claim of Rayfield v. Mosheim
Appellate Division of the Supreme Court of New York · Decided May 6, 1964
21 A.D.2d 711; 249 N.Y.S.2d 284; 1964 N.Y. App. Div. LEXIS 3873
Claim of Rayfield v. Mosheim

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.

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