MARTINEZ v. HIGHER POWERED PIZZA, INC.


43 A.D.3d 670 (2007)

841 N.Y.S.2d 526

RAFAEL MARTINEZ, Respondent, v. HIGHER POWERED PIZZA, INC., Doing Business as PAPA JOHN'S PIZZA, et al., Defendants, and PAPA JOHN'S INTERNATIONAL, INC., et al., Appellants.

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

Decided September 13, 2007.


Plaintiff was injured when defendant Pardo struck him with a bicycle while making deliveries for defendant Higher Powered Pizza, a franchisee of Papa John's. Shortly after the action was commenced, Papa John's moved for summary judgment on the grounds that under the franchise agreement, Papa John's was not vicariously liable for the acts of its franchisee, since it had no control over the franchisee's day-to-day operations. The agreement and the sworn affidavit of Papa John...

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