MATTER OF LUKIANCHUK v. M. GARZ REST.


280 A.D. 841 (1952)

In the Matter of the Claim of Steve Lukianchuk, Respondent, v. M. Garz Restaurant et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 13, 1952.


Claimant was regularly employed as a window washer. On his time off from his regular employment he testified he was hired by M. Garz Restaurant, a grill in his neighborhood, to wash its windows and walls. The proof is that claimant was paid a flat sum for the work, and the appellants argue from this that he was an independent contractor. The grill, however, furnished all the equipment, the brush, the pail, and the wire which broke and which caused the claimant's fall from...

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