Duhe v. Midence

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered August 31, 2006, which, to the extent appealed from as limited by the briefs, granted the motion of defendant New York Times upon reargument and the cross motion of the two *245other corporate defendants for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendant Tri-State entered into a contract with the Times to distribute the latter’s newspapers. Defendant Midence had an independent contract with Tri-State, giving him sole responsibility and control over the manner and means…