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MATTER OF TAIT v. TOWN OF DELHI

13 N.Y.2d 656 (1963)

In the Matter of the Claim of Leona Tait, Respondent, v. Town of Delhi et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 9, 1963.

Attorney(s) appearing for the Case

John T. Breen and Harold E. Hyzer for appellants.

Louis J. Lefkowitz, Attorney-General (Harry Rackow, Paxton Blair and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

No appearance for claimant-respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the claim upon the ground that claimant under the evidence was an independent contractor as a matter of law.

Order affirmed, with costs to respondent Workmen's Compensation Board...

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