Opinion

Matter of Mnorx, Inc.

  • 46 N.Y.2d 985
  • 416 N.Y.S.2d 228
  • 389 N.E.2d 823
  • 1979 N.Y. LEXIS 1905
Court
New York Court of Appeals
Filed
Mar 22, 1979
Status
Published
On the bench
Jones
Cited by
11 cases
Authority
More cited than 98.1%

The opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On the record as a whole there exists substantial evidence to support the findings of the Unemployment Insurance Appeal Board. True, the evidence is in conflict: the contracts executed by the parties constitute proof of the existence of employment relationships, while the testimony of the witnesses indicates that no such relationships were contemplated. But the board was free to choose between these alternative factual versions (State Div. of Human Rights v Columbia Univ. in City of N. Y., 39 NY2d 612, 616 ; Matter of Stork Rest. v Boland, 282 NY 256, 267 ) and, since the evidence reasonably supports the board’s choice, we may not interpose our judgment to reach a contrary conclusion (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 ). Indeed, the execution by appellants of the various contracts containing language evincing employment status, being inconsistent with their positions at the hearing, constituted admissions, not only for the purpose of discrediting their contentions but also as evidence of the facts admitted (see Richardson, Evidence [10th ed — Prince], §§ 209, 210; 4 Wigmore, Evidence [3d ed], § 1048, pp 5-6).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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