BUDGEWOOD LAUNDRY SERV., INC. v. DORSET HOTEL CORP.


249 A.D.2d 85 (1998)

671 N.Y.S.2d 85

Budgewood Laundry Service, Inc., Respondent, v. Dorset Hotel Corporation, Appellant

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

April 14, 1998


The finding that the valet service operator was defendant's agent, not an independent contractor, and that defendant is therefore liable to plaintiff for an account stated, is supported by the weight of the evidence, which shows that defendant exercised considerable control over the details and methods of the valet service that was being run from its hotel (see, Matter of Beach v Velzy, 238 N.Y. 100, 104). Among other things, defendant decided the prices that...

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