Home/Appellate Division of the Supreme Court of New York/Guyer v. Town of New Hartford

Guyer v. Town of New Hartford

132 A.D.2d 950, 518 N.Y.S.2d 366, 1987 N.Y. App. Div. LEXIS 49406
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 10, 1987
StatusPublished

This text of 132 A.D.2d 950 (Guyer v. Town of New Hartford) 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
Guyer v. Town of New Hartford, 132 A.D.2d 950, 518 N.Y.S.2d 366, 1987 N.Y. App. Div. LEXIS 49406 (N.Y. Ct. App. 1987).

Opinion

Order unanimously affirmed without costs. Memorandum: It is a well-established general rule that one who hires an independent contractor to do work is not liable for the negligence of the contractor or of the contractor’s employee (see, McDonald v Shell Oil Co., 20 NY2d 160, 166; Restatement [Second] of Torts § 409; Prosser and Keeton, Torts § 71, at 509 [5th ed 1984]; 1 NY PJI2d 579). Although there are a number of exceptions to this general rule (see, e.g., Schwartz v Merola Bros. Constr. Corp., 290 NY 145; Wright v Tudor City Twelfth Unit, 276 NY 303, 307; Kojic v City of New York, 76 AD2d 828, 830; 1 NY PJI2d 579), on this record, we conclude that plaintiff has failed to present proof sufficient to raise a triable issue of fact whether any such exception applies in this case. (Appeal from order of Supreme Court, Oneida County, Grow, J. — summary judgment.) Present — Callahan, J. P., Doerr, Denman, Pine and Davis, JJ.

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Related

Schwartz v. Merola Bros. Construction Corp.
48 N.E.2d 299 (New York Court of Appeals, 1943)
Wright v. Tudor City Twelfth Unit, Inc.
12 N.E.2d 307 (New York Court of Appeals, 1938)
McDonald v. Shell Oil Co.
228 N.E.2d 899 (New York Court of Appeals, 1967)
Kojic v. City of New York
76 A.D.2d 828 (Appellate Division of the Supreme Court of New York, 1980)

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Bluebook (online)
132 A.D.2d 950, 518 N.Y.S.2d 366, 1987 N.Y. App. Div. LEXIS 49406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guyer-v-town-of-new-hartford-nyappdiv-1987.