Ordered that the order is affirmed, with costs.
The plaintiff's decedent was fatally injured in a car accident involving a van owned and operated by the defendant John H. Lyons. We agree with the Supreme Court that the appellant failed to establish a prima facie case that it was entitled to judgment as a matter of law. The appellant contended that Lyons was an independent contractor and therefore it would not be liable for damages pursuant to the doctrine of respondeat...
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