MATTER OF HARDING v. HERR'S MOTOR EXPRESS, INC.


35 A.D.2d 883 (1970)

In the Matter of the Claim of Andrew J. Harding, Respondent, v. Herr's Motor Express, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

November 23, 1970


The claimant leased a truck-tractor to the appellant employer and in connection therewith he agreed to supply the operators for it and to maintain the vehicle in good working order as well as to pay all operating expenses. The record contains substantial evidence to support the finding that the claimant was the employee of the employer in regard to the operation of the vehicle and the appellants did not dispute the existence of such a relationship before the board. The claimant...

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