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MATTER OF YOGA VIDA NYC, INC.

No. 130.

28 N.Y.3d 1013 (2016)

64 N.E.3d 276

41 N.Y.S.3d 456

2016 NY Slip Op 06940

In the Matter of YOGA VIDA NYC, INC., Appellant. COMMISSIONER OF LABOR, Respondent.

Court of Appeals of New York.

Decided October 25, 2016.

Attorney(s) appearing for the Case

Astrachan Gunst Thomas, P.C., Baltimore, Maryland ( Elizabeth A. Harlan , of the Maryland bar, admitted pro hac vice, James B. Astrachan , of the Maryland bar, admitted pro hac vice, and Christopher J. Lyon , of the Maryland bar, admitted pro hac vice, of counsel) and Lightman Law Firm LLC, New York City ( Douglas M. Lightman of counsel), for appellant.

Eric T. Schneiderman , Attorney General, New York City ( Valerie Figueredo , Barbara D. Underwood and Steven C. Wu of counsel), for respondent.

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Richard Blum , Adriene Holder and Karen Cacace of counsel), for The Legal Aid Society, amicus curiae.

Chief Judge DIFIORE and Judges PIGOTT, ABDUS-SALAAM and GARCIA concur; Judge FAHEY dissents and votes to affirm in an opinion in which Judge RIVERA concurs; Judge STEIN taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court with directions to remand to respondent for further proceedings in accordance with this memorandum.

Yoga Vida NYC, Inc. operates a yoga studio in Manhattan. It offers classes taught by both staff instructors and non-staff instructors, and classifies the latter as independent contractors. In May 2010, the Commissioner...

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