MATTER OF AUSTERN


4 A.D.2d 985 (1957)

In the Matter of S. Ezra Austern et al., as Trustees, Appellants. Isador Lubin, as Industrial Commissioner, Respondent

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

November 15, 1957


The sole issue is whether Elliott Austern and Carl Austern were employees of appellants. Carl Austern, the father of the trustees, originally owned the loft building involved herein. He conveyed the property to his three sons, S. Ezra Austern, Emanuel Austern and Elliott Austern, as trustees. It is undisputed that the trustees held legal title to the property; that Carl Austern's wife was the life beneficiary, with the remainder over to his four children. Thereafter, Carl...

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