Claim of Liberatore v. Friedman — 224 N.Y. 710

Majority

p. 710

In the Matter of the Claim of Antonio Liberatore, Respondent, against Abraham Friedman et al., Appellants. The State Industrial Commission, Respondent.

Headnote

Liberatore v. Friedman, 185 App. Div. -, affirmed.

(Argued November 12, 1918;

decided November 26, 1918.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered

p. 711

July 5, 1918, which affirmed an award of the state industrial commission made under the Workmen’s Compensation Law. The claimant, who was a journeyman tailor and employed by defendant Friedman as a coat maker, stuck his finger with a needle while sewing by hand on an overcoat. Blood poisoning ensued resulting in permanent injuries. It appeared that he did his work at home and was paid by the piece. The question was whether he was an employee or an independent contractor.

William H. Foster and James B. Henney for appellants.

Merton E. Lewis, Attorney-General (E. C. Aiken of counsel), for respondent.

Order ¿firmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.