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DEL PESO v. H.A. BAR AND RESTAURANT CO., INC.

75 N.J. Super. 108 (1962)

182 A.2d 373

ELIZABETH S. DEL PESO AND THERESA DEL PESO, PETITIONERS-RESPONDENTS, v. H.A. BAR AND RESTAURANT CO., INC., H.T. BAR AND RESTAURANT CO., INC., RESPONDENTS-APPELLANTS, AND TISCH MANAGEMENT, INC. AND WELLS PLAZA HOTEL CORPORATION, ET ALS., RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 1962.

Attorney(s) appearing for the Case

Mr. William T. McElroy argued the cause for appellants (Messrs. Shaw, Pindar, McElroy, Connell & Foley, attorneys; Mr. McElroy, of counsel; Miss Sonia Napolitano, on the brief).

Mr. Augustine A. Repetto argued the cause for respondent, Tisch Management, Inc. (Mr. Daniel DeBrier, attorney; Mr. Repetto, of counsel).

Mr. Alexander K. Blatt argued the cause for respondents, Elizabeth S. Del Peso and Theresa Del Peso.

Before Judges CONFORD, GAULKIN and KILKENNY.

The opinion of the court was delivered by CONFORD, S.J.A.D.

This is a workmen's compensation case presenting a fairly novel mixed law-fact question concerning the existence of the employment relationship between the owners of certain hotels and a ranking member of the operating staff of the management agency which ran the hotels on a percentage of profit basis under independent contract with the owners. That person was fatally burned on January 19, 1958 in an accident...

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