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RABEN v. THE CONDE NAST PUBLICATIONS, INC.

2 A.D.3d 117 (2003)

767 N.Y.S.2d 440

STEFANIE RABEN, Appellant, v. THE CONDE NAST PUBLICATIONS, INC., et al., Respondents, et al., Defendants. THE CONDE NAST PUBLICATIONS, INC., et al., Third-Party Plaintiffs-Respondents, et al., Third-Party Plaintiff, v. WILLARDT PHOTOGRAPHY & FILM, Sued Herein as WILLIARDT PHOTOGRAPHY & FILM, et al., Third-Party Defendants-Respondents.

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

December 2, 2003.

Plaintiff, a model, sustained injury in a fall from a bicycle during the course of a photography session. Since defendant publishers did not control the manner in which third-party defendants carried out the photography assignment, they are not subject to liability for injury caused by any negligence of independent contractors (Kleeman v Rheingold, 81 N.Y.2d 270, 273 [1993]; Rosenberg v Equitable Life Assur. Socy.,

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