MATTER OF VAN WAES & ASSOCS. REALTY, INC.


76 A.D.2d 1016 (1980)

In the Matter of Van Waes & Associates Realty, Inc., Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

June 26, 1980


The first issue presented on this appeal is whether there is substantial evidence in the record to sustain the board's finding that four brokers, who have incorporated into a real estate firm in which they hold equal shares, and real estate salesmen employed by the firm are all employees of the firm and not independent contractors. It has been held in such cases that an analysis of the employer's right to exercise control over the sales personnel is determinative of the issue...

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