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SMITH v. PIZZA HUT OF AMERICA, INC.

289 A.D.2d 48 (2001)

734 N.Y.S.2d 127

DAVID N. SMITH, Respondent, v. PIZZA HUT OF AMERICA, INC., et al., Respondents, and CBM & ASSOCIATES INTERNATIONAL, INC., Appellant, et al., Defendants. DAVID N. SMITH, Appellant, v. PIZZA HUT OF AMERICA, INC., et al., Respondents, et al., Defendants.

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

Decided December 6, 2001.

Plaintiff, an actor in a TV commercial, alleges that he was directed to jump off a swivel-top barstool, and that he fell off the barstool before he was ready because its seat was wobbly. The action was properly dismissed as against BBD&O and Pizza Hut upon a record establishing that the barstool was provided by Headquarters; that Headquarters was an independent contractor responsible for all elements of the technical production, hiring all necessary personnel, including...

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