Claim of Mandatto v. Hudson Shoring Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Hudson Shoring Company and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 1st day of July, 1919.
1Opinion of the Court
Lyon, J.:
This appeal is taken upon the ground that the claimant was not at the time of receiving the injury an employee of the defendant the Hudson Shoring Company, but was an independent contractor. The White Fireproof Construction Company had a contract to erect a building in Brooklyn, N. Y. It had made a contract with the Hudson Shoring Company *72to shore up the building on adjacent property. It had also made a contract with the claimant to excavate the cellar of the building. For the purpose of doing such work the claimant had a derrick and a gasoline engine. The claimant made a verbal…
2Cases cited2 opinions
- Claim of Powley v. Vivian & Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Matter of Kucharuk v. . McQueenNew York Court of Appeals · 1917
3Cited by3 opinions
- Ferro v. Leopold Sinsheimer Estate, Inc.New York Court of Appeals · 1931
- Jewtraw v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Claim of Cox v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1953