Wittenstein v. Fugazy Continental Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
These three cases present nearly identical facts, and the sole issue to be resolved is whether there is substantial evidence to support the board’s decisions finding the existence of an employer-employee relationship between the appellant, Fugazy Continental Corp., and the claimants.
Each claimant was a limousine operator under the terms of *250a written "Franchise Agreement” with Fugazy which granted to him a renewable "Independent Livery Franchise” for a term of two years in consideration of the payment of a nonrefundable sum of money. The franchisees, designated independent contractors, were to…
2Cases cited6 opinions
- Matter of Glielmi v. Netherland Dairy Co.New York Court of Appeals · 1930
- Claim of Gordon v. New York Life InsuranceNew York Court of Appeals · 1950
- Claim of Bedder v. GambardellaAppellate Division of the Supreme Court of the State of New York · 1975
- Claim of Bianculli v. Times Square Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
- the Claim of Etherington v. Empire Improvements, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Matter of Villa Maria Inst. of MusicNew York Court of Appeals · 1981
- Claim of Kurzyna v. Communicar, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Commissioners of the State Insurance Fund v. Lindenhurst Green & White Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Claim of Ziegler v. Fillmore Car Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Claim of Weingarten v. XYZ Two Way Radio Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
12 more not listed; retrieve them via the Exa API.