Legal Opinion
Mele v. USTA Construction
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2011Published
1Opinion of the Court
“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 NY2d 663, 668 [1992]; see Kleeman v Rheingold, 81 NY2d 270, 273-274 [1993]). Here, under the circumstances presented, the defendant Muslum Avei failed to establish, prima facie, that the defendant USTA Construction was his independent contractor, and that the so-called “independent contractor rule” therefore applied (see Willis v City of New York, 266 AD2d 208 [1999]; cf. Pittman v S. P. Lenox Realty, LLC,…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Kleeman v. RheingoldNew York Court of Appeals · 1993
- Rosenberg v. Equitable Life Assurance SocietyNew York Court of Appeals · 1992
- Willis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
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