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SURF & TURF REST. CORP. v. PEGASUS AGENCY, INC.

175 A.D.2d 802 (1991)

Surf & Turf Restaurant Corp. et al., Appellants, v. Pegasus Agency, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 5, 1991

Ordered that the judgment is affirmed, with costs.

As a general rule, an employer is not liable for the torts of an independent contractor (Whitaker v Norman, 75 N.Y.2d 779). We reject the plaintiffs' contentions that the trial court should have submitted to the jury the question of whether the relationship between the defendants and Frank Giordano was that of an employer/independent...

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