Hyperlawhypertext legal database Claim of Tait v. Town of Delhi 13 N.Y.2d 656

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Claim of Tait v. Town of Delhi

13 N.Y.2d 656 Court N.Y. Decision date 1963-05-09 English

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p. 656
In the Matter of the Claim of Leona Tait, Respondent, v. Town of Delhi et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued April 29, 1963;
decided May 9, 1963.
p. 658
John T. Breen and Harold E. Hyzer for appellants.
Louis J. Lefkowitz, Attorney-General (Harry Rackow, Paxton Blair and Daniel Polahsky of counsel), for Workmen’s Compensation Board, respondent.
No appearance for claimant-respondent.

Order affirmed, with costs to respondent Workmen’s Compensation Board; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Foster. Judges Van Voorhis and Scileppi dissent and vote to reverse and to dismiss the claim upon the ground that claimant under the evidence was an independent contractor as a matter of law.