Claim of Conte v. Becker

Appellate Division of the Supreme Court of New York

Claim of Conte v. Becker

246 A.D. 874

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1936·Published

Opinion

Appeal from an award of the State Industrial Board. Claimant, a carpenter, was injured while repairing the roof of a building owned by the employers. He was indebted to Mr. Becker, one of the employers, in the sum of about $700, and Becker gave him the job of repairing the premises in question, at twenty dollars per week. Appellants claim that claimant was an independent contractor; that the [875]*875premises were not conducted for pecuniary gain; that there is no evidence of total disability; and that the award does not credit Becker with the $700 loaned to claimant. Award unanimously affirmed, with costs to the State Industrial Board. Present— Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

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Appeal from an award of the State Industrial Board. Claimant, a carpenter, was injured while repairing the roof of a building owned by the employers. He was indebted to Mr. Becker, one of the employers, in the sum of about $700, and Becker gave him the job of repairing the premises in question, at twenty dollars per week. Appellants claim that claimant was an independent contractor; that the [875]*875premises were not conducted for pecuniary gain; that there is no evidence of total disability; and that the award does not credit Becker with the $700 loaned to claimant. Award unanimously affirmed, with costs to the State Industrial Board. Present— Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

Claim of Conte v. Becker, 246 A.D. 874 (N.Y. Ct. App. 1936).

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