New York Court of Appeals, 1998

Claim of the Estate of Gross v. Three Rivers Inn, Inc.

Claim of the Estate of Gross v. Three Rivers Inn, Inc.
New York Court of Appeals · Decided November 20, 1998
706 N.E.2d 741; 92 N.Y.2d 970; 683 N.Y.S.2d 753; 1998 N.Y. LEXIS 4953 (North Eastern Reporter, Second Series)

Claim of the Estate of Gross v. Three Rivers Inn, Inc.

Opinion

OPINION OF THE COURT

Order reversed, with costs, and matter remitted to the Appellate Division, Third Department, with directions to remand *973 to the Workers’ Compensation Board for further proceedings on the question of the employer-employee relationship, for the reasons stated in the dissenting opinion of Justice Paul J. Yesawich Jr. at the Appellate Division (238 AD2d 12, 16-17).

Concur: Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley.

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