MELE v. USTA CONSTRUCTION

2010-01672.

82 A.D.3d 944 (2011)

919 N.Y.S.2d 85

MILDRED MELE, Appellant, v. USTA CONSTRUCTION et al., Defendants, and MUSLUM AVEI, Respondent.

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

Decided March 15, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Muslum Avei which was for summary judgment dismissing the complaint insofar as asserted against him is denied.

"The general rule is that an employer who hires an independent contractor is not liable for the independent contractor's negligent acts" (Rosenberg v Equitable Life Assur. Socy. of U.S., 79 N.Y.2d...

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