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SHAPIRO v. ROBINSON

63 N.Y.2d 896 (1984)

Allan D. Shapiro et al., Appellants, v. John M. Robinson et al., Defendants, and Scodek Construction Corporation, Respondent.

Court of Appeals of the State of New York.

Decided October 18, 1984.

Attorney(s) appearing for the Case

James W. Winslow for appellants.

Vincent Geraci for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that there is no tender of evidence sufficient to support the contention that Robinson was an employee of Scodek. Nor was any evidence tendered from which it could be concluded that Scodek was negligent in selecting Robinson as an independent contractor or...

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