MATTER OF BLUM v. MERMELSTEIN


27 A.D.2d 601 (1966)

In the Matter of the Claim of Paul Blum, Respondent, v. Leonard Mermelstein, Doing Business as Penn State Produce Company, Appellant, and Commercial Union Insurance Company et al., Respondents. Workmen's Compensation Board, Respondent

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

December 23, 1966


HERLIHY, J.

The board found that the claimant worked under the direction and control of the appellant and that "On the basis of the credible evidence we find that an employer-employee relationship existed between claimant and Leonard A. Mermelstein on November 18, 1963". The appellant-employer's sole contention is that the claimant was not in his employment but rather was a lessee of appellant's truck and an...

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