Pezzo v. Paterno

Heffernan, J. P.

(dissenting). Appellant, Williams, was the owner of farm lands used principally for the cultivation of fruit, in Ulster County, New York. Appellant, Paterno, was a tenant or lessee of the lands in question and had the exclusive management and control thereof. Respondent was an employee of the appellant, Paterno, as a laborer, on the premises in question.

During the month of April, 1941, Williams entered into a contract with Paterno whereby Paterno agreed to work the farm and to spray all fruit trees thereon, to cultivate the currants, to harvest and market all crops of fruit,…