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TORRES v. ALLIED TUBE & CONDUIT

281 A.D.2d 243 (2001)

721 N.Y.S.2d 655

HERMINIO TORRES et al., Appellants, v. ALLIED TUBE & CONDUIT et al., Respondents. (And a Third-Party Action.) CRESCO LINES, Third Third-Party Plaintiff-Respondent, v. QUALITY INDUSTRIES, Third Third-Party Defendant-Respondent. (And Another Action.)

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

Decided March 15, 2001.

Defendant Allied Tube & Conduit, who sold and shipped the pipes to plaintiff's employer, is not vicariously liable for the alleged negligence of defendant Cresco Lines, the carrier, in supervising the loading of the pipes by the employees of defendant Quality, from whose premises the pipes were shipped. The contract between Allied and Cresco did not give Allied the right to control the detail or manner of Cresco's work and otherwise makes it clear that Cresco was an independent...

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