Moraca (D) have owned a residence in the city of Niagara Falls, since the 1950s. In 1962, they contracted with P to build a recreation room in the basement. While attempting to remove a pipe, P found $4,900 in currency behind a wooden block on the floor of a cabinet type sink. The money was eventually turned over to the police. During trial, D attempted to prove that P was an employee of D. The trial court found that D was an independent contractor. The trial court found for D and P appealed.

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