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GORDON v. NEW YORK LIFE INS. CO.

300 N.Y. 652 (1950)

In the Matter of the Claim of Mabel G. Gordon, Claimant, v. New York Life Insurance Company et al., Respondents. Workmen's Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1950

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Daniel Polansky, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, appellant.

Theodore A. Viehe for claimant.

Horace C. Winch, Franklin D. L. Stowe, Percy R. Smith and Robert J. Hodgson for respondents.

LOUGHRAN, Ch. J., LEWIS, CONWAY and DYE, JJ., concur in Per Curiam opinion; DESMOND, J., dissents in opinion in which FULD and FROESSEL, JJ., concur.

Per Curiam.

We find in this record evidence from which conflicting inferences might reasonably be drawn as to whether, at the time of the accident, the claimant was an employee of the New York Life Insurance Company. In those circumstances we cannot rule as a matter of law, as has the Appellate Division, that the claimant was an independent contractor. "When conflicting inferences are possible, the finding of the Board...

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