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MATTER OF GALLAGHER v. HOULIHAN LAWRENCE REAL ESTATE

259 A.D.2d 853 (1999)

686 N.Y.S.2d 212

In the Matter of the Claim of ELIZABETH GALLAGHER, on Behalf of THOMAS GALLAGHER, Appellant, v. HOULIHAN LAWRENCE REAL ESTATE, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 11, 1999.

Cardona, P. J.

Decedent, a licensed real estate agent, died as the result of an automobile accident in July 1995. Claimant, decedent's wife, applied for workers' compensation benefits on the ground that decedent was an employee of the real estate firm where he worked at the time of his death. Following a brief hearing, a Workers' Compensation Law Judge (hereinafter WCLJ), relying upon the provisions of an agreement between decedent and the real estate firm designating...

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