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MATTER OF TED IS BACK CORP.

103 A.D.2d 932 (1984)

In the Matter of Ted Is Back Corporation, Appellant. Lillian Roberts, as Commissioner of Labor, Respondent

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

July 12, 1984

¶ Petitioner appeals from a decision of the board finding that salespeople are employees rather than independent contractors. In determining whether an employer-employee relationship exists, evidence must be adduced establishing that petitioner exercises control over the results produced by its salespersons or the means used to achieve the results (Matter of 12 Cornelia St. [Ross], 56 N.Y.2d 895, 897). On the present record...

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