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Matter of Bishai

Appellate Division of the Supreme Court of New York, Third Department
Oct 20, 1994
208 A.D.2d 1103 (N.Y. App. Div. 1994)

Opinion

October 20, 1994

Appeal from the Unemployment Insurance Appeal Board.


Tel-A-Car of New York, Inc. operates a two-way radio car service business on the basis of franchise agreements. Tel-A-Car provides the franchisees access to car service customers in exchange for a fee. Claimant was hired as a driver by one of these franchisees who provided claimant with a vehicle. Tel-A-Car and the franchisees are two independent entities which conduct their relationship pursuant to a written contract, and it is the franchisees who determine nearly every aspect of the manner in which they conduct their businesses. Among other things, the franchisees set their own operational rules and provide their own vehicles, supplies and insurance, and they and their drivers are free to set their own hours and to engage in other employment. Under the circumstances, substantial evidence exists in the record to support the Board's decision that Tel-A-Car did not exercise sufficient direction and control over claimant so as to establish his status as an employee.

Mercure, J.P., Crew III, White, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Bishai

Appellate Division of the Supreme Court of New York, Third Department
Oct 20, 1994
208 A.D.2d 1103 (N.Y. App. Div. 1994)
Case details for

Matter of Bishai

Case Details

Full title:In the Matter of the Claim of WAGDY A. BISHAI, Respondent. TEL-A-CAR OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 20, 1994

Citations

208 A.D.2d 1103 (N.Y. App. Div. 1994)
617 N.Y.S.2d 548

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