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In the Matter of the Claim of George Lewis v. Toring Taxi Co., Inc., and Special Disability Fund, Workers' Compensation Board
OPINION OF THE COURT
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 NY 11, 12.)
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.
Order affirmed.