MATTER OF TIEBOUT


286 A.D. 1057 (1955)

In the Matter of the Claim of Thomas Tiebout, Respondent. Dengler Bros., Inc., Appellant; Isador Lubin, as Industrial Commissioner, Respondent

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

October 6, 1955.


The issue on this appeal is whether the employer of the claimant-respondent is liable for contributions under the Unemployment Insurance Law. The general statutory test is whether four or more persons are employed fifteen or more days in any calendar year. (Unemployment Insurance Law [Labor Law, art. 18], § 560, subd. 1.) The employer owns apartment houses. In 1948 it is conceded by the employer that it had two employees and during some of the year, three. A payroll...

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