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MATTER OF SANTAMORE

193 A.D.2d 849 (1993)

597 N.Y.S.2d 518

In the Matter of Ronald Santamore, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

May 6, 1993

According to the testimony of one of Ronald Santamore's drivers, he and Santamore agreed that the driver would "lease" one of Santamore's trucks in exchange for a percentage of the revenues the driver earned by hauling freight with the truck. The driver never made rental payments to Santamore; instead, Santamore paid the driver his remuneration and reimbursements less any advances the driver had received. Santamore paid for the insurance and inspection of the truck. He also...

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