WHELEN v. WARWICK VALLEY CIVIC & SOC CLUB


47 N.Y.2d 970 (1979)

Robert Whelen et al., Appellants, v. Warwick Valley Civic and Social Club, Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1979.


Attorney(s) appearing for the Case

Harry V. Lynch and Thomas N. O'Hara for appellants.

Alfred Schleider and Edgar T. Schleider for respondent.

Chief Judge COOKE, and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur in memorandum; Judge FUCHSBERG taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Although the Labor Law defines an individual "employed" as including one who is "permitted or suffered to work" (§ 2, subd 7), this definition must be read in conjunction with that of "employee", which is defined as "a mechanic, workingman or laborer working for another for hire" (§ 2, subd 5) (emphasis added). To come...

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