MATTER OF HOLMES v. DELAWARE CONTRACTING CORP.


48 A.D.2d 990 (1975)

In the Matter of the Claim of Howard H. Holmes, Respondent, v. Delaware Contracting Corporation et al., Appellants, and Amherst Sanitary Landfill et al., Respondents. Workmen's Compensation Board, Respondent

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

June 26, 1975


Claimant was undisputedly paid by appellant, but appellant contends that respondent was the only employer, the payment arrangement having been worked out because respondent did not have a union contract. In addition, however, claimant testified that he had been told at the beginning that he was working for appellant, and some of the principal officers of appellant were relatives by blood or marriage of officers of respondent. Upon these factors the board could properly find...

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