Grastataro v. Brodie
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William A. Brodie, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of March, 1919, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 27th day of March, 1919, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, William A. Brodie, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of March, 1919, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 27th day of March, 1919, denying defendant’s motion for a new trial made upon the minutes. Appeal by the plaintiff, Jennie Grastataro, as administratrix, from so much of said order as denies plaintiff’s motion to set aside the verdict in favor of the defendant Brooklyn Metal Decorating and Dial…
1Opinion of the Court
Putnam, J.:
This recovery against defendant Brodie, the general employer of the driver in fault, was right. He was in the position of a general contractor, so that his drivers did not become servants of the Metal Company. (Carr v. Burke, 183 App. Div. 361, 364; Kellogg v. Church Charity Foundation, 203 N. Y. 191; Vasligato v. Yellow Pine Co., 158 App. Div. 551.)
The judgment and order should be affirmed, with costs to plaintiff as against the defendant Brodie, and with one bill of costs to the Metal Company, to be paid jointly by defendant Brodie and by the plaintiff.
Present — Rich, Putnam,…
2Cases cited3 opinions
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Carr v. BurkeAppellate Division of the Supreme Court of the State of New York · 1918
- Vasligato v. Yellow Pine Co.Appellate Division of the Supreme Court of the State of New York · 1913