Opinion
September 28, 1949.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
Claimant was employed as a superintendent and janitress of the employer's apartment building at 512 East 63rd Street, New York City. Claimant and her husband were also janitors of premises located at 506 East 63rd Street, New York City. On March 17, 1945, claimant fell on the fire escape on the third floor of the building in which she alone was employed as a janitress and sustained the injuries on which the award is based. The board found that claimant was injured during the course of her employment and that the injuries arose out of the employment. The evidence sustains the determination. Award unanimously affirmed, with costs to the Workmen's Compensation Board.