In re the Claim for Benefits Under Article 18 of the Labor Law

Appellate Division of the Supreme Court of New York

In re the Claim for Benefits Under Article 18 of the Labor Law

259 A.D. 774, 18 N.Y.S.2d 302, 1940 N.Y. App. Div. LEXIS 6600

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

DecidedMarch 15, 1940

StatusPublished

Cited by4 cases

This text of 259 A.D. 774 (In re the Claim for Benefits Under Article 18 of the Labor Law) 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 the Claim for Benefits Under Article 18 of the Labor Law, 259 A.D. 774, 18 N.Y.S.2d 302, 1940 N.Y. App. Div. LEXIS 6600 (N.Y. Ct. App. 1940).

Pincite

Opinion

Center Restaurants, Inc., appeals from a decision determining that it was the employer of Charles Rogavin and liable to make the payments required by the New York State Unemployment Insurance Law in connection with that employment. The contract as to Rogavin’s employment was made by Justo (Don) Azpiazu “ individually and as agent for his presently constituted thirteen (13) piece orchestra known as Don Azpiazu and his Cuban-Ameriean Orchestra.” The contract is for the thirteen-piece orchestra. Claimant is the sixth member thereof. The agreement was executed by Justo Azpiazu, “ individually and as agent for his Orchestra.” Under the agreement appellant has the right to direct and control in many respects the manner in which the members of the orchestra are to perform their services. Each member of the orchestra was employed by the restaurant company. Azpiazu acted as agent for each of the thirteen persons. Determination affirmed, with costs to the Industrial Commissioner. Hill, P. J., Crapser, Bliss, Schenek and Poster, JJ., concur.

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Center Restaurants, Inc., appeals from a decision determining that it was the employer of Charles Rogavin and liable to make the payments required by the New York State Unemployment Insurance Law in connection with that employment. The contract as to Rogavin’s employment was made by Justo (Don) Azpiazu “ individually and as agent for his presently constituted thirteen (13) piece orchestra known as Don Azpiazu and his Cuban-Ameriean Orchestra.” The contract is for the thirteen-piece orchestra. Claimant is the sixth member thereof. The agreement was executed by Justo Azpiazu, “ individually and as agent for his Orchestra.” Under the agreement appellant has the right to direct and control in many respects the manner in which the members of the orchestra are to perform their services. Each member of the orchestra was employed by the restaurant company. Azpiazu acted as agent for each of the thirteen persons. Determination affirmed, with costs to the Industrial Commissioner. Hill, P. J., Crapser, Bliss, Schenek and Poster, JJ., concur.

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Bluebook (online)

259 A.D. 774, 18 N.Y.S.2d 302, 1940 N.Y. App. Div. LEXIS 6600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-for-benefits-under-article-18-of-the-labor-law-nyappdiv-1940.

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