MATTER OF PELOW v. SORK ENTERS., LTD.


33 N.Y.2d 944 (1974)

In the Matter of the Claim of Bernadine Pelow, Respondent, v. Sork Enterprises, Ltd. et al., Respondents, and Uninsured Employers' Fund, Appellant. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided February 13, 1974.


Attorney(s) appearing for the Case

Robert Chojnacki, Albert D'Antoni and Martin Bergman for appellant.

Henry S. Fraser for Sork Enterprises, Ltd. and another, respondents.

Concur: Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS. Chief Judge BREITEL and Judge JASEN dissent and vote to reverse and to reinstate the determination of the Workmen's Compensation Board on the ground that there was substantial evidence before the board to support the determination that decedent was in reality an employee of Sork Enterprises, Ltd.


Order affirmed, with costs, on the opinion by Presiding Justice HERLIHY at the Appellate...

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