(DOWNLOAD) "Matter Claim Lu L. Migatz" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Lu L. Migatz
- Author : Supreme Court of New York
- Release Date : January 16, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Appeal by Blueprint Realty, Inc., from a decision of the Unemployment Insurance Appeal Board which found that the claimant was an employee of the said appellant and Lane Realty Co., Inc. The Referee found and the board affirmed that the claimant received a weekly drawing account from the appellant which he did not receive when not working. It was also found that "he was required to be in the office of Blueprint when he was scheduled to be there" and that the "Claimant was not an entrepreneur engaged in his own business" but "was subject to the employers direction, control and supervision to a sufficient degree to render him an employee". The record also shows that the claimant did not have the authority to fix the sale price or to close any contracts. This is in accordance with the statute (see Real Property Law, çç 440, 442-a). The Referee placed reliance upon Matter of Inter City Assoc., (Corsi), (284 App. Div. 673) which we find controlling and distinguishable from Matter of Willis & Co, (Levine) (37 A.D.2d 869) as relied upon by the dissent. (See, also, Matter of Greco [ Catherwood ], 29 A.D.2d 579.)