MATTER OF LINDBOE v. TENENBAUM'S MEAT MKT.


24 A.D.2d 796 (1965)

In the Matter of the Claim of Morris Lindboe, Respondent, v. Tenenbaum's Meat Market et al., Appellants, and Berg's Diaper Service et al., Respondents. Workmen's Compensation Board, Respondent

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

October 22, 1965


HERLIHY, J.

The sole issue is whether an employer-employee relationship existed between Tenenbaum and the claimant. The claimant testified that he was instructed by Tenenbaum that he was to pick up meat and groceries at his market twice a day; that he was paid at the rate of 35 cents per delivery, averaging about $40 a week and that he did not work for anyone else during this prescribed period. The respondent Tenenbaum denied that claimant was his employee...

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