In re Basch Construction, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Di Maria v. RossNew York Court of Appeals · 1980
- In re 12 Cornelia Street, Inc.New York Court of Appeals · 1982
- In re the Claim of MikulskiAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by2 opinions
- In re William B. Trilling AssociatesAppellate Division of the Supreme Court of the State of New York · 1983
- In re the Claims of SweeneyAppellate Division of the Supreme Court of the State of New York · 1993