Majority
p. 650In the Matter of the Claim of Michael Diester, Respondent, v. The Wolpert Realty Co., Inc., et al., Appellants. (Argued May 12, 1931; decided May 22, 1931.)
Frank L. Ward for appellants.
John J. Bennett, Jr., Attorney-General {Boy Wiedersum and E. C. Aiken of counsel), for respondent.
Order reversed and claim dismissed, with costs in all courts against the State Industrial Board on the ground claimant was an independent contractor; no opinion.
Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.