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MATTER OF GROFF v. UZZILIA

1 A.D.2d 273 (1956)

In the Matter of Louise Groff, on Behalf of Herself and Charles Groff and Others, Infants, Respondent, v. Arthur Uzzilia, Doing Business as Blue Danube Restaurant, et al., Appellants. Workmen's Compensation Board, Respondent

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

March 21, 1956.

Attorney(s) appearing for the Case

Merton D. Meeker for appellants.

James Hyer for claimant-respondent.

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

ZELLER and GIBSON, JJ., concur with HALPERN, J.; FOSTER, P. J., dissents and votes to affirm, in a memorandum in which BERGAN, J., concurs.

HALPERN, J.

Leo Groff, the decedent, applied to the appellant Uzzilia, the owner of the Blue Danube Restaurant in Cairo, New York, for a job in November, 1951. The decedent had become estranged from his family at about that time and had left his home, which was a short distance from the restaurant. The circumstances of the hiring of the decedent, as testified to by Uzzilia, were as follows: "He asked me if I could put him up as he had no place to stay...

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