MATTER OF HOTELS STATLER CO., INC.


279 A.D. 814 (1952)

In the Matter of Hotels Statler Co., Inc., et al., Appellants. Edward Corsi, as Industrial Commissioner of The State of New York, Respondent

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

January 9, 1952.


The leaders and musicians involved operated under written contracts which designated them as employees. There is some evidence of rather trifling acts of control on the part of the management of the hotels where the orchestras played. Neither the referee nor the board apparently made any attempt realistically to appraise the relationship in the light of common-law principles, as was done in the case of Bartels v. Birmingham (332 U.S. 126

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