Appellate Terms of the Supreme Court of New York, 1898

Berger v. Mandel

Berger v. Mandel
Appellate Terms of the Supreme Court of New York · Decided December 15, 1898
25 Misc. 766; 54 N.Y.S. 987

Counsel

Jacob Rieger, for appellant., Leopold W. Harburger, for respondents.

Berger v. Mandel

Opinion of the Court

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.

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