MATTER OF NEW YORK & NEW JERSEY FREIGHTWAYS, INC.


55 A.D.2d 989 (1977)

In the Matter of New York and New Jersey Freightways, Inc., Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

January 27, 1977


The alleged employer operates a delivery service for various manufacturers in the New York City metropolitan area. It picks up merchandise which is delivered to its terminals by drivers who are concededly its own employees, using company vehicles. Deliveries from the terminal are made by various owner-drivers who work under signed contracts whereby they have agreed to make deliveries as needed along certain specified routes. The assessment at issue herein is based on the...

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