Opinion
June 10, 1954.
Appeal from the City Court of the City of New York, Bronx County, SULLIVAN, J.
James P. Evers, John J. O'Connor and Vincent F. O'Rourke for appellant.
Bernard Budnick and Solomon Weiss for respondent.
Plaintiff was an employee of the assured and not an independent contractor. She performed general housework and cleaning for an hourly wage for the assured as well as for others and thus was, in effect, a part-time domestic servant. As injuries sustained by employees were specifically excluded from coverage under defendant's liability insurance policy, there could be no recovery thereon by plaintiff.
The judgment should be reversed, with costs, and complaint dismissed, with costs.
HOFSTADTER, EDER and SCHREIBER, JJ., concur.
Judgment reversed, etc.