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BYNOG v. CIPRIANI GROUP

1 N.Y.3d 193 (2003)

802 N.E.2d 1090

770 N.Y.S.2d 692

SHYRON BYNOG et al., Appellants-Respondents, v. CIPRIANI GROUP, INC., et al., Respondents-Appellants, et al., Defendants. (And Another Action.)

Court of Appeals of the State of New York.

Decided December 2, 2003.

Attorney(s) appearing for the Case

Robert K. Erlanger, New York City, for appellants-respondents.

Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York City (Christy L. Reuter, John D. D'Ercole and Marshall E. Bernstein of counsel), for respondents-appellants.

Proskauer Rose LLP, New York City (Stephen Rackow Kaye and Aaron J. Schindel of counsel), for The Fireman Group-Café Concepts, Inc., amicus curiae.

Eliot Spitzer, Attorney General, New York City (Caitlin J. Halligan, Michelle Aronowitz, M. Patricia Smith, Jean Lin and Seth Kupferberg of counsel), and Jerome Tracy, Albany, for State of New York, amicus curiae.

Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur; Chief Judge KAYE taking no part.

OPINION OF THE COURT

G.B. SMITH, J.

The primary issue before this Court is whether plaintiffs, professional banquet waiters, are entitled to recover, pursuant to Labor Law § 196-d, certain payments, alleged to be gratuities, made as part of catering contracts. We conclude that because plaintiffs were independent contractors and not employees of the defendants, they are not entitled to recover the payments...

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