MATTER OF BASCH CONSTR., INC.


94 A.D.2d 846 (1983)

In the Matter of Basch Construction, Inc., Appellant. Lillian Roberts, as Commissioner of Labor, Respondent

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

May 12, 1983


Appellant seeks review of a board decision finding that its sales people are employees, rather than independent contractors. Since each case in this area presents a distinct factual pattern, and since no one factor is conclusive, each case must be decided on its own facts (Matter of Mikulski [O'Keh Caterers Corp. — Roberts], 90 A.D.2d 633, 634), guided by the general proposition that the board's finding of an employer-employee...

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