Legal Opinion
McCann v. Varrick Group
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 2011PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Judith J. Gische, J.), entered April 15, 2010, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Supreme Court properly granted defendant’s motion insofar as it was premised upon defendant’s vicarious liability for the security guard’s conduct, because the security guard was an independent contractor. The record amply supports the finding that the “degree of control exercised by the purported employer” (Bynog v Cipriani Group, 1 NY3d 193, 198 [2003]), “not only over the results produced…
2Cases cited7 opinions
- N. X. v. Cabrini Medical CenterNew York Court of Appeals · 2002
- Bynog v. Cipriani Group, Inc.New York Court of Appeals · 2003
- Detone v. Bullit Courier Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- O'Brien v. SpitzerNew York Court of Appeals · 2006
- Sims v. BergamoNew York Court of Appeals · 1957
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nouel v. 325 Wadsworth Realty LLCAppellate Division of the Supreme Court of the State of New York · 2013
- McLaughlan v. BR Guest, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Capak v. EppsDistrict Court, S.D. New York · 2020
- Nouel v. 325 Wadsworth Realty LLCAppellate Division of the Supreme Court of the State of New York · 2013