Marino v. Vega

*330Order, Supreme Court, New York County (Milton A. Tingling, J.), entered June 1, 2004, which granted the corporate defendants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendant Tri-State had a contract with defendant Times to distribute the latter’s newspapers. Defendant Vega had an independent contract with Tri-State to deliver these papers, giving him sole responsibility and control over the manner and means of providing this service. Tri-State did not exercise sufficient control over the actual delivery process to raise a…