MATTER OF BEST

513324.

95 A.D.3d 1536 (2012)

944 N.Y.S.2d 783

In the Matter of the Claim of CHRISTOPHER L. BEST, Respondent. JOSEPH A. LUSIGNAN JR., Doing Business as JLJ CONTRACTING, Appellant; COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 17, 2012.


Joseph A. Lusignan Jr. performed services primarily as an installer of both commercial and residential flooring through contracts with both flooring stores and general contractors. When Lusignan would receive a contract for a job, he had a number of subcontractors, including claimant, that he would contact, give the particulars of the job, including what the job would pay, and inquire as to whether the subcontractor was interested in accepting the job. In December 2008, as...

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