MATTER OF SCHAIMBERG v. STARBRIGHT LAUNDRY


285 A.D. 359 (1955)

In the Matter of the Claim of Irving Schaimberg, Respondent, v. Starbright Laundry et al., Appellants. Workmen's Compensation Board, Respondent

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

February 3, 1955.


Attorney(s) appearing for the Case

George J. Hayes, Bernard Katzen and Victor Fiddler for appellants.

Louis H. Pollak, William J. Isaacson and E. Frank Shapiro for claimant-respondent.

Jacob K. Javits, Attorney-General (Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., BERGAN, IMRIE and ZELLER, JJ., concur.


COON, J.

Claimant has been awarded compensation for injuries sustained in the course of his work as an "agent driver" for Starbright Laundry. The sole issue is claimant's status and relationship with Starbright. Was he an employee or an independent contractor?

In reaching a final determination that the relationship of employer-employee existed, this case has been given extraordinary attention below. The...

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