Appellate Division of the Supreme Court of New York, 1941

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

Claim of Zeh v. St. Francis De Sales R. C. Church
Appellate Division of the Supreme Court of New York · Decided October 1, 1941
262 A.D. 1051; 30 N.Y.S.2d 246; 1941 N.Y. App. Div. LEXIS 7188
Claim of Zeh v. St. Francis De Sales R. C. Church

Opinion of the Court

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.

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