New York Court of Appeals, 1980

In re the Claim of Dineen

New York Court of Appeals · Decided June 24, 1980

50 N.Y.2d 964; 409 N.E.2d 939; 431 N.Y.S.2d 465; 1980 N.Y. LEXIS 2509

Cases that cite this one

2 later published cases cite this decision.

In re Kings Organization Associates (Appellate Division of the Supreme Court of New York 1984)
In re McCabe & Willig Realty, Inc. (Appellate Division of the Supreme Court of New York 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the decision of the Unemployment Insurance Appeal Board should be reinstated.

There was substantial evidence to sustain the finding of the referee, affirmed by the Unemployment Insurance Appeal Board, that Dineen was an employee rather than an independent contractor. There was evidence that it was a matter of choice with the individual salesman (rather than the employer) whether he be treated as an "employee” or an "independent contractor”, and that the substantial differences in treatment after the choice was made were in tax and profit sharing consequences rather than in the amenability of the salesman to the employer’s direction.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order reversed, etc.

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