
    Clara Berger, Appellant, v. Mendel Mandel et al., Respondents.
    Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fourth district, rendered in her favor against the defendants upon a trial had before the court without a jury.
    Action for work, labor and services performed as a female-employee other than a domestic.
    The pleadings were oral, and the answer was a general denial and alleged a breach of contract.
    By consent of the defendants’ attorney the justice gave plaintiff a judgment for the full amount claimed, but refused to allow the extra costs provided by section 1424 of the Consolidation Act and sections 3131 and 3222 of the Code of Civil Procedure, or to insert in the judgment a provision that an execution against the person may issue pursuant to section 3221 of the Code of Civil Procedure. The plaintiff then brought on this appeal.
    Jacob Rieger, for appellant.
    Leopold W. Harburger, for respondents.
   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.  