Legal Opinion

Harjes v. Parisio

Appellate Division of the Supreme Court of the State of New York

Decided November 6, 2003PublishedCited by 13 opinions

1Opinion of the CourtMugglin, J.

Appeal from that part of an order of the Supreme Court (Bradley, J.), entered June 20, 2002 in Ulster County, which granted a motion by defendant Carpet Store and Warehouse for summary judgment dismissing the complaint against it.

The issue presented on this appeal is whether defendant Paul C. Parisio, at the time that the van he was operating collided with plaintiffs vehicle, was an employee of defendant Carpet Store and Warehouse (hereinafter defendant) or whether he was an independent contractor. The distinction is crucial because “as a general rule, a party who engages an independent…

2Cases cited5 opinions

  1. Berger v. DykstraAppellate Division of the Supreme Court of the State of New York · 1994
  2. Greene v. OsterhoudtAppellate Division of the Supreme Court of the State of New York · 1998
  3. Berger v. DykstraNew York Court of Appeals · 1994
  4. Mason v. SpendiffAppellate Division of the Supreme Court of the State of New York · 1997
  5. Wright v. LaBrakeAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by13 opinions

  1. Browning v. Ceva Freight, LLCDistrict Court, E.D. New York · 2012
  2. Goodwin v. Comcast Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  3. WFE Ventures, Inc. v. GBD Lake Placid, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  4. Gfeller v. RussoAppellate Division of the Supreme Court of the State of New York · 2007
  5. Anikushina v. MoodieAppellate Division of the Supreme Court of the State of New York · 2009

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