Koch v. Horseshoe Stables
Decision Date | 08 July 1965 |
Citation | 261 N.Y.S.2d 123,24 A.D.2d 668 |
Parties | Claim of George KOCH, Respondent, v. HORSESHOE STABLES et al., Appellants, and Park Shore County Day Camp et al., Respondents, Workmen's Compensation Board, Respondent. |
Court | New York Supreme Court — Appellate Division |
Seymour Howard, New York City, for claimant-respondent.
Joseph M. Soviero, New York City, for appellants (Bernard F. Farley, New York City, of counsel).
Edward Halstead Weeks, Mineola, for respondent Hartford Accident & Indemnity Co. (Alan R. Corn, Mineola, of counsel).
Louis J. Lefkowitz, Atty. Gen., Albany, for respondent Workmen's Compensation Bd.
Before GIBSON, P. J., and REYNOLDS, HERLIHY, TAYLOR and AULISI, JJ.
Appeal by one of the employers and its carrier from a decision of the Workmen's Compensation Board dividing the award equally.
The sole question is the apportionment of the award. Claimant was hired both to instruct campers in riding for respondent Park Shore County Day Camp and at the same time take care of appellant's horses which were rented to the Day Camp. For these services he was paid $75 a week by appellant who carried him as his employee. The record, however, unquestionably reveals that of this amount $60 a week was contributed towards claimant's salary by the Day Camp and the remaining $15 by appellant, and the board itself has expressly so found. Under these circumstances the award should have been apportioned to reflect this ratio in accordance with the rule enunciated in Matter of Hunt v. Regent Devel. Corp., 3 N.Y.2d 133, at 134-135, 164 N.Y.S.2d 694, at 696, 143 N.E.2d 892, at 894). There the Court of Appeals stated:
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... ... according to the amounts the two employers had contributed to the employee's overall income); Koch v. Horseshoe Stables, 24 A.D.2d 668, 261 N.Y.S.2d 123 (1965) (holding that where employee was paid ... ...
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