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MATTER OF DRAYTON v. FIRST AVE. HOLDING CORP.

50 A.D.2d 1046 (1975)

In the Matter of the Claim of William Drayton, Respondent, v. First Avenue Holding Corporation et al., Appellants; Uninsured Employer's Fund, Respondent, and Dante Argenti, Doing Business as Argenti's General Contracting Co., Appellant. Workmen's Compensation Board, Respondent

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

December 30, 1975

It is well established that an owner who contracts with an independent contractor for construction of his own property is not a contractor within the meaning of section 56 of the Workmen's Compensation Law (Matter of Dewhurst v Simon, 295 N.Y. 352, 353; Matter of Falsey v Eastman, 22 A.D.2d 1003, 1004; Matter of Mietlinski v Hickman, 285 App Div 306, 310-311). It is urged...

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