Claim of Boardway v. Kellas

Appellate Division of the Supreme Court of New York

Claim of Boardway v. Kellas

233 A.D. 781

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1931

StatusPublished

This text of 233 A.D. 781 (Claim of Boardway v. Kellas) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Boardway v. Kellas, 233 A.D. 781 (N.Y. Ct. App. 1931).

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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.)

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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.)

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Bluebook (online)

233 A.D. 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-boardway-v-kellas-nyappdiv-1931.

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