Matter of Gross v. Three Rivers Inn, Inc.

Full title: In the Matter of the Claim of the ESTATE OF JOHN P. GROSS, Deceased…

Court: Court of Appeals of the State of New York

Date published: Nov 20, 1998

92 N.Y.2d 970 (N.Y. 1998)

706 N.Y.S.2d 741

683 N.Y.S.2d 753

683 N.E.2d 753

Opinion

92 N.Y.2d 970 706 N.E.2d 741, 683 N.Y.S.2d 753 In the Matter of the Claim of the ESTATE OF John P. GROSS, Deceased, Appellant, v. THREE RIVERS INN, INC., et al., Respondents, and State Insurance Fund, Respondent. Workers' Compensation Board, Appellant. (And Another Related Claim.) 1998-10,243 New York Court of Appeals November 20, 1998.

        Dennis C. Vacco, Attorney-General, New York City (Howard B. Friedland, Barbara Billet, Peter H. Schiff, Daniel F. De Vita and Iris A. Steel of counsel), for Workers' Compensation Board, appellant.

        Sidney P. Cominsky, Syracuse, for estate of Gross, appellant.

        James P. O'Connor, New York City, and Jean S. Kneiss, Liverpool, for State Insurance Fund, respondent.

OPINION OF THE COURT

        Order reversed, with costs, and matter remitted to the Appellate Division, Third Department, with directions to remand to the Workers' Compensation Board for further proceedings on the question of the employer-employee relationship, for the reasons stated in the dissenting opinion of Justice Paul J. Yesawich Jr. at the Appellate Division (238 A.D.2d 12, 16-17, 667 N.Y.S.2d 71).

        Concur: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY.