Claim of Fay v. Gettinger

Appellate Division of the Supreme Court of New York

Claim of Fay v. Gettinger

236 A.D. 767

Appellate Division of the Supreme Court of the State of New York·Decided September 15, 1932·Published

Opinion

Award reversed and claim dismissed, with costs against the State Industrial Board, on the ground that there is no evidence to sustain the finding that the claimant “ did not contract for employment with the said John Boyle as a principal employer, but contracted employment with him as an agent of the owner of the premises.” Van Kirk, P. J., Hinman, Rhodes and Crapser, JJ., concur; Hill, J., dissents and votes to affirm upon the authority of Matter of Westfelt v. Atlas Furniture Co. (231 App. Div. 775; affd., 256 N. Y. 578) and subdivision 4 of section 54 of the Workmen’s Compensation Law.

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Award reversed and claim dismissed, with costs against the State Industrial Board, on the ground that there is no evidence to sustain the finding that the claimant “ did not contract for employment with the said John Boyle as a principal employer, but contracted employment with him as an agent of the owner of the premises.” Van Kirk, P. J., Hinman, Rhodes and Crapser, JJ., concur; Hill, J., dissents and votes to affirm upon the authority of Matter of Westfelt v. Atlas Furniture Co. (231 App. Div. 775; affd., 256 N. Y. 578) and subdivision 4 of section 54 of the Workmen’s Compensation Law.

Claim of Fay v. Gettinger, 236 A.D. 767 (N.Y. Ct. App. 1932).

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Opinion

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