Legal Opinion

Killingbeck v. Garment Center Capitol, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 1940PublishedCited by 10 opinions

1Opinion of the CourtUntermyer, J.

The controversy is submitted upon facts stipulated between the parties pursuant to sections 546-548 of the Civil Practice Act.

The defendant owns and operates three loft buildings in the city of New York. It employs elevator operators, porters, watchmen, mechanics, engineers, carpenters, supervisors and clerks to service and maintain its buildings. These employees are hired, paid and controlled by the defendant and subject to discharge only by the defendant. The defendant leases its premises to various manufacturers of ladies’ garments, most of whom import raw materials from other States and…

2Cases cited3 opinions

  1. Missouri Pacific Railroad v. BooneSupreme Court of the United States · 1926
  2. Rogers v. GlazerDistrict Court, W.D. Missouri · 1940
  3. New Amsterdam Casualty Co. v. State Industrial CommissionSupreme Court of Oklahoma · 1920

3Cited by10 opinions

  1. Fleming v. A. B. Kirschbaum Co.Court of Appeals for the Third Circuit · 1942
  2. Fleming v. Arsenal Bldg. CorporationCourt of Appeals for the Second Circuit · 1941
  3. Muldowney v. Seaberg Elevator Co.District Court, E.D. New York · 1941
  4. Pedersen v. J. F. Fitzgerald Construction Co.Appellate Division of the Supreme Court of the State of New York · 1941
  5. Southern Package Corp. v. WaltonMississippi Supreme Court · 1943

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