MATTER OF GARWIN INDUS., INC.


188 A.D.2d 838 (1992)

In the Matter of Garwin Industries, Inc., Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

December 17, 1992


Initially, we note that this is a case where professional work is involved. Thus, although generally the degree of control exercised is the primary factor in determining whether an employee relationship exists, the type of services performed herein do not lend themselves to close supervision or control (see, Matter of Cameryn Entertainment Co. [Hartnett], 174 A.D.2d 859; Matter of Doktor Hair [Hartnett],

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