MATTER OF AM. MOTOR INNS


49 A.D.2d 791 (1975)

In the Matter of American Motor Inns, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

September 25, 1975


The board has found that musicians who performed services for the appellant pursuant to the terms of the standard "Form B" contract of the American Federation of Musicians were employees of the appellant. The clear language of the "Form B" contract constitutes the purchaser of the music as the employer of the band (Matter of Basin Street [Lubin], 6 N.Y.2d 276), and this provision is controlling...

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