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  5. 36 N.Y.2d 693 (1975)
 

FERBER v. WACO TRUCKING, INC.

36 N.Y.2d 693 (1975)

Harry Ferber, Plaintiff, v. Waco Trucking, Inc. et al., Defendants. S & M Delivery Service Co., Inc., Defendant and Third-Party Plaintiff-Respondent, v. Cavalier Insurance Company, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1975.

Attorney(s) appearing for the Case

Harold Glatzer for appellant.

Robert W. Doyle for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM:

The order appealed from should be reversed and the judgment of the Supreme Court, Nassau County, reinstated, with costs.

S & M Delivery Service Co., Inc. was an independent contractor, and not an employee of Waco Trucking. Therefore, the loading and unloading endorsement did not extend to S & M as an additional insured party. (See Breen v. Cunard Lines S. S. Co., 33 N.Y...

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