Brill v. Brenner

In Brill v. Brenner, 62 Misc 2d 102 (Civ. Ct. 1970) the exception applied where defendant hired plaintiff to be her live-in constant companion-housekeeper-chauffeur for seven days a week at $ 150 a week. The Brill court noted the paucity of cases on whether a defendant could, with impunity, terminate a servant at any time, due in all probability to the "wisdom of this position" which resulted in a lack of litigation. Id at 104. However, the court emphasized that in order for the personal servant - employer relationship, to be successful, it had to be "marked by some degree of mutual confidence and satisfaction." Id. The court cited to an early English decision where the court noted that "enormous mischief could be done" where a domestic servant, valet, coachman or cook could "destroy the comfort of a man's existence...by compelling him to have constantly about him in a confidential situation one to whom he objects." Johnson v. Shrewsbury & Birmingham Ry. Co., 3 DeG.M. & G.914, 926 (1853).