43 A.D.2d 1002 | N.Y. App. Div. | 1974
Appeal from a decision of the Unemployment Insurance Appeal Board determining that appellant employer was liable for contributions for the period from October 1, 1971 through September 30, 1972. The sole issue presented on this appeal is whether there is substantial evidence in the record to sustain the board’s determination that the real estate salesmen engaged by appellant were employees, and not independent contractors. A resolution of the issue requires an analysis of the employer’s right to exercise control over the salesmen. Bach case must be determined on its own particular facts and circumstances. Appellant maintained an office with two desks and three telephones. A secretary was on duty to answer the phones. The