Defendant Tri-State had a contract with defendant Times to distribute the latter's newspapers. Defendant Vega had an independent contract with Tri-State to deliver these papers, giving him sole responsibility and control over the manner and means of providing this service. Tri-State did not exercise sufficient control over the actual delivery process to raise a triable issue of fact as to whether it was vicariously liable for Vega's acts (Santella v Andrews,
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MARINO v. VEGA
12 A.D.3d 329 (2004)
786 N.Y.S.2d 17
SALVATORE MARINO, as Administrator of the Estate of OLGA NUNEZ, Deceased, Appellant, v. RUBEN VEGA et al., Defendants, and THE NEW YORK TIMES COMPANY et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 30, 2004.
November 30, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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