Appellate Division of the Supreme Court of New York, 1939

Claim of Sachkowsky v. Gombert

Claim of Sachkowsky v. Gombert
Appellate Division of the Supreme Court of New York · Decided March 15, 1939
256 A.D. 1018; 11 N.Y.S.2d 244; 1939 N.Y. App. Div. LEXIS 5903
Claim of Sachkowsky v. Gombert

Opinion of the Court

Appeal by non-insured employer from a disability award. Appellant asserts that claimant was a partner with others; that such partnership was an independent contractor doing the work in question, and that he was, therefore, not an employee. The Board has found that claimant was not a partner or subcontractor and that the alleged contract of partnership was made and entered into for the sole purpose of avoiding the provisions of the Workmen’s Compensation Law and the necessity of carrying compensation insurance. Award unanimously affirmed, with costs to the State Industrial Board. Present — • Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.