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MATTER OF MOSKOWITZ v. GRANATA

9 A.D.2d 310 (1959)

In the Matter of the Claim of Sigmund Moskowitz, Respondent, v. Rocco Granata et al., Appellants, and Coleman Garage, Inc., Respondent. Workmen's Compensation Board, Respondent

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

December 10, 1959.

Attorney(s) appearing for the Case

John H. Roberts for appellants.

Louis J. Lefkowitz, Attorney-General (Roy Wiedersum and Edward A. Bailey of counsel), for Workmen's Compensation Board, respondent.

Goldstein & Grossman for claimant-respondent.

FOSTER, P. J., BERGAN, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

Per Curiam.

The Workmen's Compensation Board has found that claimant, a taxi driver, was an employee of appellant Granata at the time of his injury November 30, 1952. Appellants argue on appeal that this finding is not supported by substantial evidence.

The proof is that appellant employer owned one taxicab which he entrusted to Charles Muller, an owner of other taxicabs, to operate for him. This arrangement...

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