In re the Claim of Cohen

Harvey, J. (dissenting).

We respectfully dissent.

By a written contract in which both parties stipulated that claimant would become an independent contractor, claimant undertook to act as a sales representative of Blinder, Robinson & Company, Inc., a stockbroker. Generally speaking, the contract did not provide any control over claimant’s activities *688other than the control necessitated by securities laws and regulations. Claimant was paid no salary and had no drawing account. He received a percentage of the broker’s commissions and was free to discount his commission at his own option in dealing…