MATTER OF HERZBERG


96 A.D.2d 1114 (1983)

In the Matter of Melvin Herzberg, Respondent. Major Muffler Centers, Inc., Appellant. Lillian Roberts, as Commissioner of Labor, Respondent

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

September 15, 1983


The employer is a domestic corporation which sells mufflers and other auto parts to automobile repair shops, service stations and automobile dealers. Claimant responded to a newspaper advertisement for a sales manager and was retained by the employer pursuant to a contract which designated him as an independent contractor. Claimant was to receive a $400 weekly draw against commissions and was paid weekly after the employer made an accounting. Claimant was not reimbursed for...

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