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Clara Berger, Appellant, v. Mendel Mandel et al., Respondents

New York Supreme Court, Appellate Term1898-12
25 Misc. 766

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Opinion

majority opinion

Per Curiam.

The appellant, who was paid for the various items of service performed by her, and not a stated salary, conducted her work in a room rented at her own expense, and employed and paid three girls to assist her therein at wages ranging from $3 to $6 per week. Under these circumstances she was not an employee, but a contractor, and, therefore, was neither entitled to extra costs, nor to an execution against the person. Present: Beekman, P. J., Gildebsleeve and Giegerich, JJ.

Judgment affirmed, with costs.