MATTER OF SUTERA v. HOROWITZ


9 A.D.2d 595 (1959)

In the Matter of the Claim of Steve Sutera, Respondent, v. Benjamin Horowitz, Appellant, and Columbia Silver Co. Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

August 13, 1959


The issues raised on this appeal are whether the appellant is a subcontractor within the meaning of section 56 of the Workmen's Compensation Law and whether an employee-employer relationship existed between the claimant and the appellant. The appellant opened the shop in which the claimant worked in March of 1956. He borrowed a spinning lathe and entered into an agreement with respondent Herald Metals Mfg., Inc., whereby he was paid so much per piece for turning certain material...

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