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  5. 34 A.D.2d 864 (1970)
 

MATTER OF PIETRZAK

34 A.D.2d 864 (1970)

In the Matter of Frank Pietrzak et al., Doing Business as Trade Winds, Appellants. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

May 26, 1970

MEMORANDUM BY THE COURT.

The employer owned and operated a restaurant which furnished music and entertainment for the patrons. The musicians who rendered services for the restaurant did so pursuant to a "Form B" type of contract mandated by the By-Laws of the American Federation of Musicians. The employer, in an attempt to avoid the employer-employee relationship established by the contract, instructed the theatrical agent to alter the contract. The agent upon these...

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