In this action where plaintiff alleges that he was assaulted by defendant James DiPaola on the sidewalk in front of BR Guest's bar, Supreme Court properly granted BR Guest's motion for summary judgment on the issue of whether it is vicariously liable for plaintiff's injuries. The record establishes that DiPaola, a security guard, was an independent contractor when the incident occurred (see McCann v Varrick Group LLC,
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McLAUGHLAN v. BR GUEST, INC.
3722, 102005/12.
149 A.D.3d 519 (2017)
2017 NY Slip Op 02906
52 N.Y.S.3d 92
JAMES McLAUGHLAN, Appellant-Respondent, v. BR GUEST, INC., et al., Respondents-Appellants, et al., Defendants. (And a Third-Party Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 13, 2017.
Decided April 13, 2017.
Appellate Division of the Supreme Court of New York, First Department.
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