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MATTER OF FITNESS PLUS, INC.

293 A.D.2d 909 (2002)

741 N.Y.S.2d 300

In the Matter of FITNESS PLUS, INC., Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 18, 2002.

Peters, J.

Fitness Plus, Inc. provides fitness classes for corporate clients on the clients' premises. After assessing a client's needs and the facilities available, Nancy Burstein, the president of Fitness Plus, contacts one of approximately 30 instructors to see if the instructor is available to teach the class and, if so, negotiates the fee the instructor will be paid for the class. Fitness Plus bills the client for the class. The instructor is paid the agreed...

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