New York Court of Appeals, 1983

In re the Claims of Di Martino

New York Court of Appeals · Decided April 28, 1983 · Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons Concur

59 N.Y.2d 638; 449 N.E.2d 1267; 463 N.Y.S.2d 189; 1983 N.Y. LEXIS 3042

Cases that cite this one

30 later published cases cite this decision. The 25 that cite it most often are listed here.

In re the Claim of Fox (Appellate Division of the Supreme Court of New York 1986)
In re Charles A. Field Delivery Service, Inc. (N.Y. 1985)
The Matter of the Claim of Luis A. Vega v. Postmates Inc (N.Y. 2020)
Matter of Yoga Vida NYC, Inc. v. Commissioner of Labor (N.Y. 2016)
In re the Claim of Myers (Appellate Division of the Supreme Court of New York 1988)
In re the Claim of Casey (Appellate Division of the Supreme Court of New York 1988)
In re the Claim of Gray (Appellate Division of the Supreme Court of New York 1987)
In re the Claim of Rivera (N.Y. 1986)
In re the Claim of Martin (Appellate Division of the Supreme Court of New York 1986)
In re Charles A. Field Delivery Service, Inc. (Appellate Division of the Supreme Court of New York 1985)
In re the Claim of Isaacs (Appellate Division of the Supreme Court of New York 2015)
In re the Claim of Isaacs (Appellate Division of the Supreme Court of New York 2015)
In re the Claim of Wolfman (Appellate Division of the Supreme Court of New York 2002)
Erny v. Distribution Systems of America, Inc. (Appellate Division of the Supreme Court of New York 2001)
Lane v. Lyons (Appellate Division of the Supreme Court of New York 2000)
Mason v. Spendiff (Appellate Division of the Supreme Court of New York 1997)
In re Troy Publishing Company, Inc. (Appellate Division of the Supreme Court of New York 1996)
Lazo v. Mak's Trading Co. (N.Y. 1994)
In re the Claims of Sweeney (Appellate Division of the Supreme Court of New York 1993)
In re the Claim of Caballero (Appellate Division of the Supreme Court of New York 1992)
In re the Claim of Klingsberg (Appellate Division of the Supreme Court of New York 1991)
In re the Claim of Davila (Appellate Division of the Supreme Court of New York 1990)
In re the Claim of Robinson (Appellate Division of the Supreme Court of New York 1988)
In re the Claim of Martin (N.Y. 1987)
In re Mid-Hudson Publications, Inc. (Appellate Division of the Supreme Court of New York 1986)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, in each of these cases.

Whether the relationships of the bundle-haulers and the motor route carriers with the publishers are those of employees or independent contractors involves resolution of questions of fact. We agree with the Appellate Division that in each case, taken as a whole the proof in the record constituted substantial evidence sustaining the determination of the Unemployment Insurance Appeal Board that the relationship was that of employer-employee.

Chief Judge Cooke and Judges Jasen, Jones, Wacht-. ler, Fuchsberg, Meyer and Simons concur.

In each case: Order affirmed, with costs, in memorandum.

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