Commissioners of the State Insurance Fund v. Timberland Dept.
1960 N.Y. App. Div. LEXIS 9886
| N.Y. App. Div. | 1960

Order and judgment granting summary judgment to the defendant unanimously reversed on the law, and the motion for summary judgment is denied, with $10 costs to the appellants. There are triable issues as to whether certain persons were either employees of the defendant, vendors, or independent contractors. Under the circumstances, summary judgment is inappropriate. Concur —Breitel, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.