Budgewood Laundry Service, Inc. v. Dorset Hotel Corp.

—Judgment, Supreme Court, New York County (James Gowan, J.), entered January 24, 1997, after a nonjury trial, awarding plaintiff laundry service damages on its cause of action for an account stated against defendant hotel, and dismissing .the hotel’s third-party action against third-party defendant valet service operator, unanimously affirmed, without costs.

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…