MATTER OF JARZABEK


292 A.D.2d 668 (2002)

738 N.Y.S.2d 742

In the Matter of the Claim of JERZY JARZABEK, Appellant. CAREY LIMOUSINE, NEW YORK, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided March 7, 2002.


Carpinello, J.

Claimant, a limousine driver, was a franchisee of Carey Limousine, New York, Inc. until the relationship was terminated based upon claimant's breach of the franchise agreement. Under the terms of the agreement, claimant was required to own or lease his own vehicle, he was responsible for its repair, maintenance and insurance, and he was required to purchase a two-way radio, beeper and telephone. He set his own schedule, could refuse an assignment, could...

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