Claim of Dunker v. Held

Appellate Division of the Supreme Court of New York

Claim of Dunker v. Held

264 A.D. 964, 37 N.Y.S.2d 147, 1942 N.Y. App. Div. LEXIS 5558

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

DecidedSeptember 23, 1942

StatusPublished

This text of 264 A.D. 964 (Claim of Dunker v. Held) 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 Dunker v. Held, 264 A.D. 964, 37 N.Y.S.2d 147, 1942 N.Y. App. Div. LEXIS 5558 (N.Y. Ct. App. 1942).

Pincite

Opinion

The sole issue raised on this appeal is whether claimant was an employee or an independent contractor. He was employed to shovel snow from an outdoor skating rink, and for the same work he had been previously paid fifty cents an hour. The evidence is sufficient to sustain these facts and inferences: That claimant was hired as a laborer, was paid on an hourly basis, used the employer’s shovel and was required to start work at a definite time. The Board found him to be an employee. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

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The sole issue raised on this appeal is whether claimant was an employee or an independent contractor. He was employed to shovel snow from an outdoor skating rink, and for the same work he had been previously paid fifty cents an hour. The evidence is sufficient to sustain these facts and inferences: That claimant was hired as a laborer, was paid on an hourly basis, used the employer’s shovel and was required to start work at a definite time. The Board found him to be an employee. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

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Bluebook (online)

264 A.D. 964, 37 N.Y.S.2d 147, 1942 N.Y. App. Div. LEXIS 5558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-dunker-v-held-nyappdiv-1942.