Legal Opinion

In re Basch Construction, Inc.

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

Decided May 12, 1983PublishedCited by 2 opinions

1Opinion of the Court

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 1, 1982. Appellant seeks review of a board decision finding that its sales people are employees, rather than independent contractors. Since each case in this area presents a distinct factual pattern, and since no one factor is conclusive, each case must be decided on its own facts (Matter of Mikulski [O’Keh Caterers Corp. — Roberts], 90 AD2d 633,634), 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…

2Cases cited4 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Di Maria v. RossNew York Court of Appeals · 1980
  3. In re 12 Cornelia Street, Inc.New York Court of Appeals · 1982
  4. In re the Claim of MikulskiAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by2 opinions

  1. In re William B. Trilling AssociatesAppellate Division of the Supreme Court of the State of New York · 1983
  2. In re the Claims of SweeneyAppellate Division of the Supreme Court of the State of New York · 1993

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