Surf & Turf Restaurant Corp. v. Pegasus Agency, Inc.

— In an action to recover damages for negligence, the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Wood, J.), entered July 13, 1989, which, upon an order granting the defendants’ motion for judgment during trial as a matter of law, is in favor of the defendants dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

As a general rule, an employer is not liable for the torts of an independent contractor (Whitaker v Norman, 75 NY2d 779). We reject the plaintiffs’ contentions that the trial court should have submitted to the jury the question of…