MATTER OF REALTY HOTELS, INC.


285 A.D. 919 (1955)

In the Matter of the Claim of Realty Hotels, Inc., Respondent. Edward Corsi, as Industrial Commissioner, Appellant

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

February 3, 1955.


The board has found as a fact that the hotel did not reserve by contract any right to control the actors, and that it did not in fact exercise supervision, direction or control over them. The only question presented here is whether, on this record, we must say as a matter of law that the actors were employees. As a part of its business the hotel operates a restaurant where, in addition to food and drink, it provides for dancing, music and entertainment. It does not present...

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