SMITH v. VALENTINE ESTATES, INC.


49 A.D.2d 771 (1975)

Thomas Smith, Appellant, v. Valentine Estates, Inc., Respondent, et al., Defendants

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

September 29, 1975


Order modified by striking therefrom everything after the words "is denied" and by adding thereto the following: "except that the motion is granted insofar as it seeks to dismiss the defense as to the second cause of action." As so modified, order affirmed, with $20 costs and disbursements to appellant.

The finding of the Workmen's Compensation Board, that the Workmen's Compensation Law was not applicable because of a lack of an employer-employee relationship, did...

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