MATTER OF MALASPINA (CORSI)


309 N.Y. 413 (1956)

In the Matter of The Claim of Angelo Malaspina, Appellant. Edward Corsi, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided January 12, 1956


Attorney(s) appearing for the Case

William Eldred Jackson, Mary B. Tarcher and George H. Bailey for appellant.

Jacob K. Javits, Attorney-General (Francis R. Curran and James O. Moore, Jr., of counsel), for respondent.

Harold H. Levin, Howard Lichtenstein and Norman Gross for Great Atlantic & Pacific Tea Company, amicus curiæ, in support of respondent's position.

CONWAY, Ch. J., DESMOND, FROESSEL, VAN VOORHIS and BURKE, JJ., concur; DYE, J., taking no part.


FULD, J.

Angelo Malaspina, an assembly hand, was employed from April 30 to June 13, 1953, and from October 7 to November 4 of the same year, by the Union Standard Equipment Company, a partnership, and the National Equipment Corporation, a corporation. The companies were under common control and claimant worked throughout both periods under the direction of the same foreman, doing the same work, and at the same...

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