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GAMBAR ENT. v. KELLY SERV.

69 A.D.2d 297 (1979)

Gambar Enterprises, Inc., et al., Respondents, v. Kelly Services, Inc., Appellant

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

July 13, 1979

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (John W. Clarke of counsel), for appellant.

Nixon, Hargrave, Devans & Doyle (Frank H. Penski of counsel), for respondents.

DILLON, P. J., and DOERR, J., concur with MOULE, J.; SIMONS and HANCOCK, JR., JJ., concur in an opinion by HANCOCK, JR., J.

MOULE, J.

On March 8, 1971 plaintiff James Wood executed a form agreement prepared by defendant Kelly Services, Inc. (Kelly), entitled "branch manager contract" in which he was designated as an independent contractor acting as Kelly's agent in furnishing temporary business services in Monroe County. Formerly, Wood was employed by Kelly at its corporate headquarters in Michigan. Under the branch manager contract...

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