Grastataro v. Brodie

Appellate Division of the Supreme Court of New York

Grastataro v. Brodie

189 A.D. 779, 179 N.Y.S. 324, 1919 N.Y. App. Div. LEXIS 4758

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

DecidedDecember 12, 1919

StatusPublished

This text of 189 A.D. 779 (Grastataro v. Brodie) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grastataro v. Brodie, 189 A.D. 779, 179 N.Y.S. 324, 1919 N.Y. App. Div. LEXIS 4758 (N.Y. Ct. App. 1919).

Pincite

Opinion

Putnam, J.:

This recovery against defendant Brodie, the general employer of the driver in fault, was right. He was in the position of a general contractor, so that his drivers did not become servants of the Metal Company. (Carr v. Burke, 183 App. Div. 361, 364; Kellogg v. Church Charity Foundation, 203 N. Y. 191; Vasligato v. Yellow Pine Co., 158 App. Div. 551.)

The judgment and order should be affirmed, with costs to plaintiff as against the defendant Brodie, and with one bill of costs to the Metal Company, to be paid jointly by defendant Brodie and by the plaintiff.

Present — Rich, Putnam, Blackmar, Kelly and Jay-cox, JJ.

Judgment and order unanimously affirmed, with costs to plaintiff as against the defendant Brodie, and with one bill of costs to the Metal Company, to be paid jointly <by defendant Brodie and by the plaintiff.

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