Legal Opinion
Matter of Villa Maria Inst. of Music
New York Court of Appeals
Decided July 6, 1981PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
There was substantial evidence in the record to support the determination of the Unemployment Insurance Appeal Board that an employment relationship existed between the Villa Maria Institute of Music and the instructors. Whether an employment relationship exists necessarily is a question of fact, involving a determination of “the existence of a right of control over the agent in respect of the manner in which his work is to be done” (Matter of Morton, 284 NY 167,172; see Matter of Liberman v…
2Cases cited5 opinions
- In Re the Claim of MortonNew York Court of Appeals · 1940
- MATTER OF LIBERMAN v. GallmanNew York Court of Appeals · 1977
- Wittenstein v. Fugazy Continental Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- In re the Claims of BurgerNew York Court of Appeals · 1951
- Matter of Mnorx, Inc.New York Court of Appeals · 1979
3Cited by36 opinions
- In re Concourse Ophthalmology Associates, P. C.New York Court of Appeals · 1983
- In re the Claim of RiveraNew York Court of Appeals · 1986
- Dortz v. City of New YorkDistrict Court, S.D. New York · 1995
- Goyette v. DCA Advertising Inc.District Court, S.D. New York · 1993
- Alie v. Nynex Corp.District Court, E.D. New York · 1994
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