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MATTER OF WENTWORTH (CATHERWOOD)

10 N.Y.2d 13 (1961)

In the Matter of the Claims of Edward J. Wentworth, Jr., et al., Respondents. Martin P. Catherwood, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel Stern and Paxton Blair of counsel), for appellant.

Robert A. Longman, Charles H. Tuttle and Daniel F. O'Connell for Edward J. Wentworth, Jr., and others, respondents.

Howard A. Levine for Nicola Pisotti and others, respondents.

Chief Judge DESMOND and Judges DYE, FROESSEL, BURKE and FOSTER concur with Judge FULD; Judge VAN VOORHIS dissents and votes to reverse and to reinstate the determination of the Industrial Commissioner upon the ground that a restricted interpretation of the word "establishment" as used in subdivision 1 of section 592 of the Labor Law was not intended by the Legislature and would operate to defeat the purpose of the statute.

FULD, J.

In this case, as in Matter of Curatalo (Catherwood) (supra, p. 10), the Industrial Commissioner also appeals by our permission.

The claimants were employed as carpenters and timbermen by Tully & DiNapoli, Inc., a construction firm working on road construction projects in the New York City area. Their duties consisted of constructing wooden forms and performing other work in preparation...

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