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In re Rosedale Nurseries, Inc.

34 N.Y.2d 865 Court N.Y. Decision date 1974-06-26 English

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p. 865
In the Matter of Rosedale Nurseries, Inc., Appellant. Louis L. Levine, as Industrial Commissioner, Respondent.
Argued June 4, 1974;
decided June 26, 1974.
p. 866
Harold Dublirer for appellant.
Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for respondent.

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.