Appeal by claimant from a decision of the Workmen's Compensation Board, one member dissenting, which disallowed his claim. In the early morning of July 4, 1957 claimant was operating a taxicab owned by his employer in a northerly direction on Jerome Avenue in the City of New York. At a traffic control light in compliance with whose signal he had stopped, one Hochman, also driving a taxicab, drew alongside claimant's vehicle and criticized him for "cutting him off" at a point some distance to their rear. From cab to cab a verbal encounter between the two drivers ensued. After the traffic light had changed both proceeded a short distance, then parked their respective vehicles, each of which was transporting a farepaying passenger, in file near the curb line, simultaneously alighted therefrom and engaged in a physical altercation as a result of which claimant suffered the injuries which gave rise to his claim. A majority of the board found that claimant did not sustain an accident arising out of and in the course of his employment. This finding was factual and there is evidence to sustain it on the theory that in leaving his taxicab to engage in fisticuffs with Hochman, claimant had abandoned his employment. ( Matter of Zimmerman v. Comet Container Corp., 4 A.D.2d 724.) Decision of the Workmen's Compensation Board unanimously affirmed, without costs.