New York Court of Appeals

In the Matter of 12 Cornelia Street, Inc., Philip Ross, as Industrial Commissioner

June 15, 198256 N.Y.2d 895

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the Unemployment Insurance Administrative Law Judge’s determination that the real‑estate salespersons were independent contractors, not employees, because petitioner lacked control over their work; the court also held that the Secretary of State’s broker‑supervision regulation could not by itself create an employment relationship.