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Claim of Conte v. Becker

246 A.D. 874 Court N.Y. App. Div. English

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p. 874
In the Matter of the Claim of Joseph Conte, Respondent, against Rudolph C. Becker and Others, Appellants. State Industrial Board, Respondent.

Appeal from an award of the State Industrial Board. Claimant, a carpenter, was injured while repairing the roof of a building owned by the employers. He was indebted to Mr. Becker, one of the employers, in the sum of about $700, and Becker gave him the job of repairing the premises in question, at twenty dollars per week. Appellants claim that claimant was an independent contractor; that the

p. 875
premises were not conducted for pecuniary gain; that there is no evidence of total disability; and that the award does not credit Becker with the $700 loaned to claimant. Award unanimously affirmed, with costs to the State Industrial Board. Present— Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.