MATTER OF LANCASTER MOTOR INN


68 A.D.2d 1017 (1979)

In the Matter of Lancaster Motor Inn, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

March 29, 1979


The employer owned a motel and sought to avoid an employer-employee relationship by entering into a contractual relationship with couples to manage the motel. However, the contract provided for substantial direction and control over the managers and there is testimony that the managers were given very little independence to act as entrepreneurs. There is substantial evidence to support the determination of the board (see Matter of Guido [Catherwood],

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