Legal Opinion
In re 12 Cornelia Street, Inc.
New York Court of Appeals
Decided June 15, 1982PublishedCited by 72 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the determination of the Unemployment Insurance Administrative Law Judge reinstated.
The decision of the Unemployment Insurance Appeal Board that petitioner’s real estate salespersons are “employees” and that respondent thus properly assessed petitioner for additional contributions for unemployment insurance is not supported by substantial evidence. A determination that an “employer-employee” relationship exists must rest upon evidence that petitioner exercises control over the results…
2Cases cited5 opinions
- Matter of Sullivan Co., Inc.New York Court of Appeals · 1942
- In Re the Claim of WatzNew York Court of Appeals · 1979
- In re the Claim of WatzAppellate Division of the Supreme Court of the State of New York · 1977
- In re McCabe & Willig Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- In re the Claim of BarrettAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by72 opinions
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- In re Concourse Ophthalmology Associates, P. C.New York Court of Appeals · 1983
- Hart v. Rick's Cabaret International Inc.District Court, S.D. New York · 2013
- In Re Empire State Towing & Recovery Ass'nNew York Court of Appeals · 2010
- Bynog v. Cipriani Group, Inc.New York Court of Appeals · 2003
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