MATTER OF WALK v. GLOMANN JR.


263 A.D.2d 757 (1999)

694 N.Y.S.2d 196

In the Matter of the Claim of ROBERT WALK, Appellant, v. JOHN GLOMANN, JR., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 15, 1999.


On December 27, 1993, claimant was injured while cutting firewood at Burrell Orchards, Inc., a company owned by George Burrell (hereinafter Burrell). The record indicates that Burrell had an arrangement with John Glomann, Jr., whereby Burrell would sell some of the apple tree wood on his property that Burrell's own employees would cut and stack for Glomann to sell to third parties. As a courtesy, Burrell would also give Glomann some of the large stumps and other less desirable...

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