MATTER OF TEKMITCHOV

516112

110 A.D.3d 1301 (2013)

973 N.Y.S.2d 579

2013 NY Slip Op 6915

In the Matter of the Claim of VARTHOLOME K. TEKMITCHOV, Respondent. MUSIKA LLC, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided October 24, 2013.


Claimant offered guitar lessons for Musika LLC, a business that matches music teachers it deems qualified with students. Musika required its teachers to execute a contract that set the fee for lessons, prohibited them from competing with Musika or soliciting its students, and obliged teachers to perform any services "reasonably requested" by it. The teachers were required to report their work activities to Musika which, in turn, billed the students and paid the teachers by...

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