Legal Opinion

In re Garwin Industries, Inc.

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

Decided December 17, 1992PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 19, 1990, which assessed Garwin Industries, Inc. for additional unemployment insurance contributions.

Initially, we note that this is a case where professional work is involved. Thus, although generally the degree of control exercised is the primary factor in determining whether an employee relationship exists, the type of services performed herein do not lend themselves to close supervision or control (see, Matter of Cameryn Entertainment Co. [Hartnett], 174 AD2d 859; Matter of Doktor Hair [Hartnett], 142 AD2d…

2Cases cited3 opinions

  1. In re Cameryn Entertainment Co. Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  2. In re Doktor HairAppellate Division of the Supreme Court of the State of New York · 1988
  3. In re the Claim of SteinAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by2 opinions

  1. In re Freelance Advantage, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Matter of Grabois (A Taylored Affair, LLC--Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2020

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API