Appellate Division of the Supreme Court of New York, 1931

Claim of Boardway v. Kellas

Claim of Boardway v. Kellas
Appellate Division of the Supreme Court of New York · Decided May 15, 1931
233 A.D. 781
Claim of Boardway v. Kellas

Opinion of the Court

Award reversed and claim dismissed, with costs against the State Industrial Board, on the ground that claimant was an independent contractor. All concur, except Hill, J., who dissents as to the finding that claimant was an independent contractor, and votes to reverse award and remit claim to the State Industrial Board for additional proof as to whether the employer was engaged in a trade, business or occupation carried on for pecuniary gain. (Matter of Kender v. Reineking, 228 N. Y. 240.)

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