Legal Opinion

Matter of Beach v. . Velzy

New York Court of Appeals

Decided April 15, 1924PublishedCited by 60 opinions

1Opinion of the CourtPound, J.

An award of the state industrial board has been made to claimant on the theory that he was when injured a person engaged as an employee of the appellant in the hazardous employment of roofing. This award has been affirmed by the Appellate Division by a divided court.

The question is whether claimant’s status was that of employee or independent contractor. Did the appellant, desiring a specific thing to be done, hire claimant to do it, retaining control over him and directing his work, or did he let the job by contract, stipulating merely that it should be done in accordance with certain…

2Cases cited7 opinions

  1. Hexamer v. . WebbNew York Court of Appeals · 1886
  2. Matter of Litts v. . Risley Lumber Co.New York Court of Appeals · 1918
  3. Matter of Fancher v. . Boston Excelsior Co.New York Court of Appeals · 1923
  4. Matter of Abromowitz v. . Hudson View Construction Co.New York Court of Appeals · 1920
  5. Claim of Abromowitz v. Hudson View Construction Co.Appellate Division of the Supreme Court of the State of New York · 1919

2 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. In Re the Claim of MortonNew York Court of Appeals · 1940
  2. Matter of Sullivan Co., Inc.New York Court of Appeals · 1942
  3. Claim of Renouf v. New York Central RailroadNew York Court of Appeals · 1930
  4. Melbourne v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
  5. Lazo v. Mak's Trading Co.Appellate Division of the Supreme Court of the State of New York · 1993

55 more not listed; retrieve them via the Exa API.

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