New York Court of Appeals, 1974

In re Rosedale Nurseries, Inc.

In re Rosedale Nurseries, Inc.
New York Court of Appeals · Decided June 26, 1974
34 N.Y.2d 865; 316 N.E.2d 579; 359 N.Y.S.2d 114; 1974 N.Y. LEXIS 1465

In re Rosedale Nurseries, Inc.

Opinion of the Court

Order affirmed, with costs, in the following memorandum: We agree with so much of the opinion below which holds that the work of the landscaping service sales force away from the employer’s premises is distinct from, and not incidental to, the farming operations conducted by appellant and, therefore, such labors do not qualify for exclusion within the meaning of section 511 (subd. 6) of the Labor Law.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.