In re B. G. T. Realty Corp.

Appellate Division of the Supreme Court of New York

In re B. G. T. Realty Corp.

55 A.D.2d 789, 390 N.Y.S.2d 231, 1976 N.Y. App. Div. LEXIS 15581

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1976

StatusPublished

This text of 55 A.D.2d 789 (In re B. G. T. Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re B. G. T. Realty Corp., 55 A.D.2d 789, 390 N.Y.S.2d 231, 1976 N.Y. App. Div. LEXIS 15581 (N.Y. Ct. App. 1976).

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Opinion

Appeals from a decision of the Unemployment Insurance Appeal Board, filed February 20, 1975, which reversed the decisions of referees and sustained the initial determinations of the Industrial Commissioner holding each separate claimant eligible to receive benefits without disqualifying conditions and each separate employer liable for contributions. The appellants, B. G. T. Realty Corporation, A. T. C. Realty Corporation and H. N. Y. Corporation, are all wholly owned subsidiaries of the same parent company, AMREP Corporation. All three claimants were retained as real estate salesmen to sell in New York real property situated outside of New York. Appellants contend on appeal that the board’s finding that the claimants are employees of appellants is not supported by substantial evidence and that the record compels the conclusion that the relationship between claimants and appellants was that of independent contractor. We disagree. The decision must be affirmed. There is substantial evidence to support the board’s finding that each claimant is not an independent contractor, but an employee of appellants. This case is controlled by our decision in Matter of Lansky (LTA Realty Corp.—Levine) (46 AD2d 599, mot for lv to app den 37 NY2d 707) and Matter of Cohen (L. T. A. Realty Corp.—Ross) (55 AD2d 788 [decided herewith]). Decision affirmed, with costs. Koreman, P. J., Greenblott, Sweeney, Herlihy and Reynolds, JJ., concur.

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Appeals from a decision of the Unemployment Insurance Appeal Board, filed February 20, 1975, which reversed the decisions of referees and sustained the initial determinations of the Industrial Commissioner holding each separate claimant eligible to receive benefits without disqualifying conditions and each separate employer liable for contributions. The appellants, B. G. T. Realty Corporation, A. T. C. Realty Corporation and H. N. Y. Corporation, are all wholly owned subsidiaries of the same parent company, AMREP Corporation. All three claimants were retained as real estate salesmen to sell in New York real property situated outside of New York. Appellants contend on appeal that the board’s finding that the claimants are employees of appellants is not supported by substantial evidence and that the record compels the conclusion that the relationship between claimants and appellants was that of independent contractor. We disagree. The decision must be affirmed. There is substantial evidence to support the board’s finding that each claimant is not an independent contractor, but an employee of appellants. This case is controlled by our decision in Matter of Lansky (LTA Realty Corp.—Levine) (46 AD2d 599, mot for lv to app den 37 NY2d 707) and Matter of Cohen (L. T. A. Realty Corp.—Ross) (55 AD2d 788 [decided herewith]). Decision affirmed, with costs. Koreman, P. J., Greenblott, Sweeney, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

55 A.D.2d 789, 390 N.Y.S.2d 231, 1976 N.Y. App. Div. LEXIS 15581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-b-g-t-realty-corp-nyappdiv-1976.

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