MATTER OF LEWIS v. TORING TAXI CO., 46 N.Y.2d 890 (1979)

414 N.Y.S.2d 686, 387 N.E.2d 618

In the Matter of the Claim of GEORGE LEWIS, Appellant, v. TORING TAXI CO., INC., et al., Respondents, and SPECIAL DISABILITY FUND, Respondent. WORKERS’ COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.Submitted January 5, 1979
Decided February 13, 1979

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Page 891

Anne G. Kafka for appellant.

William F. Fischer, Jr., for Toring Taxi Co., Inc., and another, respondents.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Whether claimant’s injury arose out of and in the course of his employment presents a question of fact which has been answered in the negative by the board. We cannot say, as a matter of law, that substantial evidence does not exist to support this determination. (See Matter of McGrinder v Sullivan, 290 N.Y. 11, 12.)

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.

Order affirmed.