Claim of Reinhardt v. Tobey

Appellate Division of the Supreme Court of New York

Claim of Reinhardt v. Tobey

260 A.D. 968, 23 N.Y.S.2d 224, 1940 N.Y. App. Div. LEXIS 5638

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

DecidedNovember 13, 1940

StatusPublished

This text of 260 A.D. 968 (Claim of Reinhardt v. Tobey) 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 Reinhardt v. Tobey, 260 A.D. 968, 23 N.Y.S.2d 224, 1940 N.Y. App. Div. LEXIS 5638 (N.Y. Ct. App. 1940).

Pincite

Opinion

Appeal by a non-insured employer from an award of the State Industrial Board in favor of claimant. The employer owned a number of houses in the city of Syracuse which he purchased and repaired and from which he derived an income. He also owned a ninety-acre tract on the outskirts of Syracuse. He sold a number of lots from that tract and financed the erection of houses thereon for purchasers. He was also engaged in constructing houses on these premises and employed a number of carpenters and laborers, one of whom was claimant. At the time claimant was injured his employer was constructing a house for one Tucker and claimant was employed on the job. The employer contends that claimant was an independent contractor. The State Industrial Board found that claimant was an employee. The evidence sustains the finding of the Board. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffeman, Sehenck and Poster, JJ.

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Appeal by a non-insured employer from an award of the State Industrial Board in favor of claimant. The employer owned a number of houses in the city of Syracuse which he purchased and repaired and from which he derived an income. He also owned a ninety-acre tract on the outskirts of Syracuse. He sold a number of lots from that tract and financed the erection of houses thereon for purchasers. He was also engaged in constructing houses on these premises and employed a number of carpenters and laborers, one of whom was claimant. At the time claimant was injured his employer was constructing a house for one Tucker and claimant was employed on the job. The employer contends that claimant was an independent contractor. The State Industrial Board found that claimant was an employee. The evidence sustains the finding of the Board. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffeman, Sehenck and Poster, JJ.

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Bluebook (online)

260 A.D. 968, 23 N.Y.S.2d 224, 1940 N.Y. App. Div. LEXIS 5638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-reinhardt-v-tobey-nyappdiv-1940.