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WITTENSTEIN v. FUGAZY CORP.

59 A.D.2d 249 (1977)

In the Matter of the Claim of Jack Wittenstein, Respondent, v. Fugazy Continental Corp. et al., Appellants. Workmen's Compensation Board, Respondent In the Matter of the Claim of Karl Boecker, Respondent, v. Fugazy Continental Corp. et al., Appellants. Workmen's Compensation Board, Respondent In the Matter of the Claim of Ernest Roane, Respondent, v. Fugazy Continental Corp. et al., Appellants. Workmen's Compensation Board, Respondent

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

November 10, 1977

Attorney(s) appearing for the Case

Block & Greene (Morris Block of counsel), for appellants.

Kurach & Cassell for Jack Wittenstein, respondent.

Karl Boecker, respondent pro se.

Lantner & Ouslander for Ernest Roane, respondent.

Louis J. Lefkowitz, Attorney-General (Harry Rackow and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

GREENBLOTT, J. P., MAIN, MIKOLL and HERLIHY, JJ., concur.

KANE, J.

These three cases present nearly identical facts, and the sole issue to be resolved is whether there is substantial evidence to support the board's decisions finding the existence of an employer-employee relationship between the appellant, Fugazy Continental Corp., and the claimants.

Each claimant was a limousine operator under the terms of a written "Franchise Agreement" with Fugazy which granted...

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