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CAPIZZI v. DIST. REPORTERS

61 N.Y.2d 50 (1984)

In the Matter of Nelida Capizzi, Claimant, v. Southern District Reporters, Inc., et al., Respondents. Workers' Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided January 17, 1984.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter H. Schiff, Carlin Meyer, Reed Brody and Michele M. Woodard of counsel), for appellant.

Raymond C. Green and Louis Busell for respondents.

Chief Judge COOKE and Judges JASEN, JONES, MEYER and KAYE concur; Judge SIMONS taking no part.

WACHTLER, J.

The question presented for our review on this workers' compensation claim is whether claimant's injury, resulting from a slip and fall in a hotel bathtub, arose out of and in the course of her employment. The Workers' Compensation Board determined that the accident, notice and causal relationship were established. The Appellate Division reversed on the ground that showering is a purely personal act...

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