Opinion
Argued April 6, 1943
Decided May 27, 1943
Appeal from the Supreme Court, Appellate Division, Third Department.
Theodore Kiendl, William Klein, Milton R. Weinberger, Adolph Lund and Leopold Friedman for Firm Amusement Corporation, appellant.
Thomas Kiernan, Irving L. Rollins and Joseph Goldberg for Joseph P. Day, Inc., appellant.
Charles J. Campbell and Henrietta Isaacson for New York Hotel Statler Company, Inc., and another, appellants.
Nathaniel L. Goldstein, Attorney-General ( Orrin G. Judd, W. Gerard Ryan and Francis R. Curran of counsel), for Frieda S. Miller, as Industrial Commissioner, respondent.
Upon the appeals by Joseph P. Day, Inc., New York Hotel Statler Company, Inc., and Hotels Statler Company, Inc.: Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, RIPPEY, LEWIS and DESMOND, JJ. Dissenting: LEHMAN, Ch. J., and CONWAY, J. Taking no part: FINCH, J.
Upon the appeal by Firm Amusement Corporation: Order of Appellate Division and decision of Unemployment Board reversed, and claim dismissed, with costs in all courts, upon the ground that there is no evidence to support the finding that the musicians were employees of the operator of the theatre.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. Taking no part: FINCH, J.