HARJES v. PARISIO


1 A.D.3d 680 (2003)

766 N.Y.S.2d 270

WENDY L. HARJES, Appellant, v. PAUL C. PARISIO et al., Defendants, and CARPET STORE AND WAREHOUSE, Respondent.

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

November 6, 2003.


Mugglin, J.

The issue presented on this appeal is whether defendant Paul C. Parisio, at the time that the van he was operating collided with plaintiff's vehicle, was an employee of defendant Carpet Store and Warehouse (hereinafter defendant) or whether he was an independent contractor. The distinction is crucial because "as a general rule, a party who engages an independent contractor is not liable for the independent contractor's negligence because that party has...

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