Claim of Smith v. Marschner — 240 A.D. 925

Majority

p. 925

In the Matter of the Claim of Fred Smith, Respondent, against Herman Marschner, Appellant. State Industrial Board, Respondent.

Award affirmed, with costs to the State Industrial Board. Rhodes, Crapser and Heffernan, JJ., concur; Hill, P. J., and McNamee, J., dissent and vote to reverse the award and to dismiss the claim, on the ground that the evidence does not indicate a bona fide employment, and that the claimant at the time of the injury was engaged in painting the private residence of the alleged employer.