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BUSHEY v. RESTAURANT ASSOCIATES, INC.

260 A.D.2d 326 (1999)

690 N.Y.S.2d 186

CANDICE BUSHEY, Respondent, v. RESTAURANT ASSOCIATES, INC., Appellant, and PHOENIX BEVERAGES, INC., Respondent.

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

Decided April 29, 1999.

Triable issues of fact exist, including whether the driver of the cart that struck plaintiff was appellant's employee, and, if that is not the case, whether appellant exercised sufficient control over the cart to warrant the imposition of liability (see, Ahmad v Ennab, 158 A.D.2d 637). This latter issue is raised by the testimony that carts like the one in question were freely given out by appellant to its subcontractors based on...

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