Gennarino Sorrentino v. Cersosimo

The appeal record does not present the question which the claimant desires to have reviewed by us, which is, whether the commissioner’s finding that the defendants employed regularly less than five employees and his consequent dismissal of the plaintiff’s claim, was error. The commissioner in his finding, in paragraph ten, found that the defendant partnership employed only two persons, and in paragraph eleven that the partnership employed regularly less than five employees. He omitted to find the subordinate facts upon which these conclusions rested, but incorporated them in his memorandum of…