Legal Opinion

In re the Claim for Benefits under Article 18 of Labor Law

Appellate Division of the Supreme Court of the State of New York

Decided July 2, 1941PublishedCited by 8 opinions

1Opinion of the CourtHeffernan, J.

Appellant has come to this court from a decision of the Unemployment Insurance Appeal Board, which affirmed a decision of an Unemployment Insurance Referee, determining that claimant is an employee of appellant and hence entitled to be credited with his earnings in such employment as a basis for unemployment insurance benefits.

The facts are not in dispute and only a question of law is presented for decision.

On February 3, 1938, appellant, the owner of a restaurant and night club known as Chez Ami in the city of Buffalo, N. Y., and Royal Worth entered into a written contract reading as follows:

2Cases cited2 opinions

  1. Hexamer v. . WebbNew York Court of Appeals · 1886
  2. In re BrownAppellate Division of the Supreme Court of the State of New York · 1940

3Cited by8 opinions

  1. In re SmithAppellate Division of the Supreme Court of the State of New York · 1966
  2. Seattle Aerie No. 1 of Fraternal Order of Eagles v. Commissioner of Unemployment Compensation & PlacementWashington Supreme Court · 1945
  3. Claim of Mace v. MorrissonAppellate Division of the Supreme Court of the State of New York · 1943
  4. In re Hotel Martin Co.District Court, N.D. New York · 1941
  5. People v. GrierCalifornia Court of Appeal · 1942

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