Claim of Zeh v. St. Francis De Sales R. C. Church

Appellate Division of the Supreme Court of New York

Claim of Zeh v. St. Francis De Sales R. C. Church

262 A.D. 1051, 30 N.Y.S.2d 246, 1941 N.Y. App. Div. LEXIS 7188

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

DecidedOctober 1, 1941

StatusPublished

This text of 262 A.D. 1051 (Claim of Zeh v. St. Francis De Sales R. C. Church) 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 Zeh v. St. Francis De Sales R. C. Church, 262 A.D. 1051, 30 N.Y.S.2d 246, 1941 N.Y. App. Div. LEXIS 7188 (N.Y. Ct. App. 1941).

Pincite

Opinion

The employer and its insurance carrier have appealed from a decision of the State Industrial Board and from an award of disability compensation in favor of claimant. On August 29, 1940, while claimant was repairing windows on a school building, owned and operated by the employer, he fell and sustained the injuries for which the award was made. The only issue involved is whether or not claimant was an independent contractor or an employee. The evidence sustains the finding of the Board that he was an employee. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Crapser, Bliss and Hefiernan, JJ., concur; Sehenek, J., dissents and votes to reverse the award and dismiss the claim on the ground that the claimant is an independent contractor.

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The employer and its insurance carrier have appealed from a decision of the State Industrial Board and from an award of disability compensation in favor of claimant. On August 29, 1940, while claimant was repairing windows on a school building, owned and operated by the employer, he fell and sustained the injuries for which the award was made. The only issue involved is whether or not claimant was an independent contractor or an employee. The evidence sustains the finding of the Board that he was an employee. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Crapser, Bliss and Hefiernan, JJ., concur; Sehenek, J., dissents and votes to reverse the award and dismiss the claim on the ground that the claimant is an independent contractor.

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Bluebook (online)

262 A.D. 1051, 30 N.Y.S.2d 246, 1941 N.Y. App. Div. LEXIS 7188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-zeh-v-st-francis-de-sales-r-c-church-nyappdiv-1941.