Appellate Division of the Supreme Court of the State of New York July 2, 1936 (Lesser v. Holland Farms, Inc.)

Lazansky, P. J.

Regardless of procedure, the real question which the parties seek to have decided is whether or not plaintiff was an employee of defendant. If he was such an employee, plaintiff has no cause of action against defendant unless it failed to provide for him compensation under the Workmen’s Compensation Law. There is no real dispute as to the facts.