RIVERS v. SAUTER


32 A.D.2d 59 (1969)

Arthur Rivers, Appellant, v. Peter Sauter, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 6, 1969.


Attorney(s) appearing for the Case

Leonard A. Sheft for appellant.

Daniel J. Coughlin for respondent.

EAGER, J. P., and McGIVERN, J., concur with STEUER, J.; MARKEWICH, J., dissents in opinion in which NUNEZ, J., concurs.


STEUER, J.

The record establishes the following facts. Defendant is the owner of a one-family frame house in the City of White Plains. About a week prior to July 6, 1964, plaintiff, who had been advised that defendant wished to have some painting done on the house, telephoned and spoke to defendant's wife. It was agreed that plaintiff would come on July 6, bring his brushes and drop cloths, and do what was required. He was to be paid $3 an hour plus his...

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