Appellate Division of the Supreme Court of New York, 1979

Fein v. Elm Moving & Storage Co.

Fein v. Elm Moving & Storage Co.
Appellate Division of the Supreme Court of New York · Decided May 3, 1979
70 A.D.2d 675; 416 N.Y.S.2d 762; 1979 N.Y. App. Div. LEXIS 12153
Fein v. Elm Moving & Storage Co.

Opinion of the Court

— Appeal from a decision of the Workers’ Compensation Board, filed June 27, 1977, as amended by decisions filed March 14, 1978 and May 24, 1978, which disallowed a claim for compensation in a death case upon the ground that no employment relationship existed between claimant’s decedent and respondent employer. In its amended decision filed May 24, 1978, the board found that: "there was no employer-employee relationship between the decedent, Larry Fein, and Elm Moving and Storage, Inc. nor between the decedent, Larry Fein, and Emanuel Yarmish d/b/ a Elm Moving and Storage.” There is substantial evidence to sustain the determination of the board. Decision affirmed, without costs. Mahoney, P. J., Greenblott, Sweeney, Main and Mikoll, JJ., concur.

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