Claim of Link v. Kennedy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Award affirmed, with costs to the State Industrial Board. Davis, Whitmyer, Hill and Hasbrouck, JJ., concur; Hinman, Acting P. J., dissents and votes for reversal of the award and dismissal of the claim on the ground that claimant was not an employee, but simply practiced his independent professional calling as an embalmer, and incidentally provided caskets and chairs; and whatever else he may have done was incidental to his professional work or his independent contract to deliver caskets or chairs; and on the authority of Matter of Renouf v. N. Y. C. R. R. Co. (254 N. Y. 349).
2Cases cited1 opinion
- Claim of Renouf v. New York Central RailroadNew York Court of Appeals · 1930
3Cited by2 opinions
- Claim of Mace v. MorrissonAppellate Division of the Supreme Court of the State of New York · 1943
- Claim of Henault v. Joseph Endres Co.Appellate Division of the Supreme Court of the State of New York · 1937