34 A.D.2d 696 | N.Y. App. Div. | 1970
Appeal from a decision of the Workmen’s Compensation Board, filed August 6, 1968, which found that an employer-employee relationship existed between appellant Times Square Stores, Inc., and claimant and that said appellant and its carrier were solely liable. Claimant, a beautician, saw a newspaper advertisement under the heading of Times Square Stores seeking help in the heauty salon operated by respondent Bennett upon Times Square premises. He reported to Bennett who interviewed him and filled out certain forms in the Times Square personnel office, to which he had been sent by Bennett and at which he was given an identification card and badge. On January 28, 1964, contact dermatitis forced claimant to stop working as a hair colorist. Times Square, by license to Bennett, permitted the latter to operate a beauty salon “ department ” on its premises at Levittown subject to detailed policies and rules amendable at the discretion of the licensor. The agreement required the licensee to operate said department in such manner that the store and all departments “will appear to be a single establishment conducted in Licensor’s name and in connection with all selling activities and