Legal Opinion

In re William B. Trilling Associates

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

Decided May 26, 1983PublishedCited by 5 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, *920filed March 16, 1982. The employer appeals from a decision of the board finding that its salespeople are employees rather than independent contractors. In cases such as this, we are guided by the general proposition that the board’s finding of an employer-employee relationship “must rest upon evidence of control over the results produced or means used to achieve the results” (Matter of 12 Cornelia St. [Ross], 56 NY2d 895, 897; see, also, Matter ofBasch Constr. [Roberts], 94 AD2d 846). Applying this standard, we are unable to…

2Cases cited4 opinions

  1. In re 12 Cornelia Street, Inc.New York Court of Appeals · 1982
  2. In re McCabe & Willig Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  3. In re Van Waes & Associates Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  4. In re Basch Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1983

3Cited by5 opinions

  1. In re Ted Is Back Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. In re Paragon Process Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  3. In re SpielbergerAppellate Division of the Supreme Court of the State of New York · 2014
  4. In re SpielbergerAppellate Division of the Supreme Court of the State of New York · 2014
  5. MatterofSpielberger[Commr.ofLabor]Appellate Division of the Supreme Court of the State of New York · 2014

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