From Casetext: Smarter Legal Research

Matter of B.S.M. Limousines Corporation

Appellate Division of the Supreme Court of New York, Third Department
Sep 15, 1988
143 A.D.2d 459 (N.Y. App. Div. 1988)

Opinion

September 15, 1988

Appeal from the Unemployment Insurance Appeal Board.


B.S.M. Limousines Corporation is in the business of renting limousines with or without drivers to clients. The business is operated by the corporation's president and his wife, the sole owners of the corporation. The corporation hires drivers solicited by advertising and by word-of-mouth contacts. The drivers are supplied with business cards and uniforms. The corporation sets rates and does all the billing, collecting and advertising. The drivers are paid regardless of whether payment is received from clients. The drivers are assigned jobs from the list of established drivers and told where and when to go and return. Upon completion of the assignment, the driver submits a trip ticket to the corporation and is paid by the corporation. The drivers are free to refuse work, may compete for business with the corporation and are empowered to renegotiate a rate with the client if there is a change from the original agreement made between the corporation and the client. No deductions are made by the corporation from the amounts due drivers. The corporation maintains the vehicles and insures them.

The business operated at a profit. Money was paid to the president. This was found to be salary payments. The contention by the corporation that the moneys represented repayment of loans made by the president to the corporation was found not to be substantiated.

The determination decision by the Unemployment Insurance Appeal Board assessing the corporation additional contributions and finding the limousine drivers to be employees of the corporation must be sustained since it is supported by substantial evidence in the record. This case is not unlike a whole host of delivery cases in which an employer-employee relationship has been found to exist (see, Matter of Rivera [State Line Delivery Serv. — Roberts], 69 N.Y.2d 679, cert denied 481 U.S. 1049; Matter of Casey [Larkfield Lottery — Hartnett], 140 A.D.2d 915).

Decision affirmed, without costs. Mahoney, P.J., Kane, Casey, Weiss and Mikoll, JJ., concur.


Summaries of

Matter of B.S.M. Limousines Corporation

Appellate Division of the Supreme Court of New York, Third Department
Sep 15, 1988
143 A.D.2d 459 (N.Y. App. Div. 1988)
Case details for

Matter of B.S.M. Limousines Corporation

Case Details

Full title:In the Matter of B.S.M. LIMOUSINES CORPORATION, Appellant. THOMAS F…

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

Date published: Sep 15, 1988

Citations

143 A.D.2d 459 (N.Y. App. Div. 1988)

Citing Cases

Matter of Pepsi Cola Buffalo Bottling Corp.

There is nothing in this record to suggest that Pepsi did not implement its authority under this agreement or…

Matter of Jarzabek

Claimant was paid and reimbursed for tolls and parking expenses by Two Way's corporate check, regardless of…