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LUKSIK v. 27 PROSPECT PARK WEST TENANTS CORP.

19 A.D.3d 557 (2005)

796 N.Y.S.2d 535

HENRY LUKSIK, Respondent, v. 27 PROSPECT PARK WEST TENANTS CORP., Appellant.

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

June 20, 2005.

Ordered that the order is affirmed, with costs.

The general rule is that an employer who hires an independent contractor is not liable for the independent contractor's negligent acts (see Kleeman v Rheingold, 81 N.Y.2d 270, 273 [1993]; Rosenberg v Equitable Life Assur. Socy. of U.S., 79 N.Y.2d 663, 668 [1992]). One exception to this general rule involves situations where the employer...

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