McCANN v. VARRICK GROUP LLC

5096, 109534/06.

84 A.D.3d 591 (2011)

923 N.Y.S.2d 471

HEATHER McCANN, Appellant, v. VARRICK GROUP LLC, Respondent.

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

Decided May 17, 2011.


Supreme Court properly granted defendant's motion insofar as it was premised upon defendant's vicarious liability for the security guard's conduct, because the security guard was an independent contractor. The record amply supports the finding that the "degree of control exercised by the purported employer" (Bynog v Cipriani Group, 1 N.Y.3d 193, 198 [2003]), "not only over the results produced but also over the means used to produce...

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