Legal Opinion
Bynog v. Cipriani Group, Inc.
New York Court of Appeals
Decided December 2, 2003PublishedCited by 142 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
The primary issue before this Court is whether plaintiffs, professional banquet waiters, are entitled to recover, pursuant to Labor Law § 196-d, certain payments, alleged to be gratuities, made as part of catering contracts. We conclude that because plaintiffs were independent contractors and not employees of the defendants, they are not entitled to recover the payments. Accordingly, we modify the order of the Appellate Division insofar as it concludes that plaintiffs are employees of the Cipriani defendants, and thus dismiss the cause of action under Labor…
2Cases cited7 opinions
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- In Re the Claim of MortonNew York Court of Appeals · 1940
- In re Ted Is Back Corp.New York Court of Appeals · 1984
- In re 12 Cornelia Street, Inc.New York Court of Appeals · 1982
- Lazo v. Mak's Trading Co.New York Court of Appeals · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by142 opinions
- Fermin v. Las Delicias Peruanas Restaurant, Inc.District Court, E.D. New York · 2015
- Hart v. Rick's Cabaret International Inc.District Court, S.D. New York · 2013
- Samiento v. World Yacht Inc.New York Court of Appeals · 2008
- Ethelberth v. Choice Security Co.District Court, E.D. New York · 2015
- Copantitla v. Fiskardo Estiatorio, Inc.District Court, S.D. New York · 2011
137 more not listed; retrieve them via the Exa API.