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MATTER OF MIETLINSKI v. HICKMAN

285 A.D. 306 (1954)

In the Matter of the Claim of Theodore Mietlinski, Respondent, v. Edward Hickman et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 28, 1954.

Attorney(s) appearing for the Case

John P. Cox for appellants.

Fordyce J. Hartman for Caesar Szal and another.

Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., BERGAN, IMRIE and ZELLER, JJ., concur.

HALPERN, J.

The facts out of which this compensation controversy arises are the following:

The claimant was, in the first instance, concededly employed by Szal Brothers, a partnership consisting of Caesar and Martin Szal, to work on a garage which the partnership was building on the appellant Hickman's farm, pursuant to an oral contract for the lump sum price of $2,875. The claimant, and one other workman...

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