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Claim of Pelow v. Sork Enterprises, Ltd.

33 N.Y.2d 944 Court N.Y. Decision date 1974-02-13 English

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p. 944
In the Matter of the Claim of Bernadine Pelow, Respondent, v. Sork Enterprises, Ltd. et al., Respondents, and Uninsured Employers’ Fund, Appellant. Workmen’s Compensation Board, Respondent.
Argued January 8, 1974;
decided February 13, 1974.
p. 946
Robert ChojnacJci, Albert D’Antoni and Martin Bergman for appellant.
Henry S. Fraser for Sort Enterprises, Ltd. and another, respondents.

Order affirmed, with costs, on the opinion by Presiding Justice Heblihy at the Appellate Division.

Concur: Judges Gabbielli, Jones, Wachtleb, Babin and Stevens. Chief Judge Bbeitel and Judge Jasen dissent and vote to reverse and to reinstate the determination of the Workmen’s Compensation Board on the ground that there was substantial evidence before the board to support the determination that decedent was in reality an employee of Sork Enterprises, Ltd.