Claim of Wolf v. Hotel Gramercy

Appellate Division of the Supreme Court of New York

Claim of Wolf v. Hotel Gramercy

244 A.D. 855

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

DecidedMay 15, 1935

StatusPublished

This text of 244 A.D. 855 (Claim of Wolf v. Hotel Gramercy) 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 Wolf v. Hotel Gramercy, 244 A.D. 855 (N.Y. Ct. App. 1935).

Pincite

Opinion

Deceased workman, while making electric repairs in a store owned by the Hotel Gramercy, received injuries resulting in his death. Appellants contend that decedent was an independent contractor. The proof discloses that decedent’s duties Were performed under the supervision of the Owner or manager of the hotel. The evidence sustains finding of Board that he was an employee. Appellants also question wage rate. They raised no such question on hearings before the Industrial Board and failed to object to the reception in evidence of certified payrolls of three Other Workers Who worked substantially the whole year immediately preceding the accident: At no time did appellants Offer any proof as to the actual earnings of decedent. Award Unanimously affirmed, With costs to the State Industrial Board. Present — Hill, P. J:, Rhodes, McNamee, Crapser and Heffernan, JJ:

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Deceased workman, while making electric repairs in a store owned by the Hotel Gramercy, received injuries resulting in his death. Appellants contend that decedent was an independent contractor. The proof discloses that decedent’s duties Were performed under the supervision of the Owner or manager of the hotel. The evidence sustains finding of Board that he was an employee. Appellants also question wage rate. They raised no such question on hearings before the Industrial Board and failed to object to the reception in evidence of certified payrolls of three Other Workers Who worked substantially the whole year immediately preceding the accident: At no time did appellants Offer any proof as to the actual earnings of decedent. Award Unanimously affirmed, With costs to the State Industrial Board. Present — Hill, P. J:, Rhodes, McNamee, Crapser and Heffernan, JJ:

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Bluebook (online)

244 A.D. 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-wolf-v-hotel-gramercy-nyappdiv-1935.