Berger v. Mandel

Appellate Terms of the Supreme Court of New York

Berger v. Mandel

25 Misc. 766, 54 N.Y.S. 987

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1898

StatusPublished

This text of 25 Misc. 766 (Berger v. Mandel) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berger v. Mandel, 25 Misc. 766, 54 N.Y.S. 987 (N.Y. Ct. App. 1898).

Pincite

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.

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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.

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Bluebook (online)

25 Misc. 766, 54 N.Y.S. 987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berger-v-mandel-nyappterm-1898.