Claim of Boardway v. Kellas

233 A.D. 781

Opinion

Award reversed and claim dismissed, with costs against the State Industrial Board, on the ground that claimant was an independent contractor. All concur, except Hill, J., who dissents as to the finding that claimant was an independent contractor, and votes to reverse award and remit claim to the State Industrial Board for additional proof as to whether the employer was engaged in a trade, business or occupation carried on for pecuniary gain. (Matter of Kender v. Reineking, 228 N. Y. 240.)