Legal Opinion

In re Niven Realty

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

Decided February 21, 1974PublishedCited by 7 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board determining that appellant employer was liable for contributions for the period from October 1, 1971 through September 30, 1972. The sole issue presented on this appeal is whether there is substantial evidence in the record to sustain the board’s determination that the real estate salesmen engaged by appellant were employees, and not independent contractors. A resolution of the issue requires an analysis of the employer’s right to exercise control over the salesmen. Bach case must be determined on its own particular facts and…

2Cited by7 opinions

  1. In re the Claim of WatzAppellate Division of the Supreme Court of the State of New York · 1977
  2. In re McCabe & Willig Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  3. In re Sirotkin Travel, Ltd.Appellate Division of the Supreme Court of the State of New York · 1978
  4. In re the Claim of BarrettAppellate Division of the Supreme Court of the State of New York · 1977
  5. In re Van Waes & Associates Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1980

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