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Shapiro v. Robinson

472 N.E.2d 1031, 63 N.Y.2d 896, 483 N.Y.S.2d 203, 1984 N.Y. LEXIS 4697
CourtNew York Court of Appeals
DecidedOctober 18, 1984
StatusPublished
Cited by17 cases

This text of 472 N.E.2d 1031 (Shapiro v. Robinson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shapiro v. Robinson, 472 N.E.2d 1031, 63 N.Y.2d 896, 483 N.Y.S.2d 203, 1984 N.Y. LEXIS 4697 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that there is no tender of evidence sufficient to support the contention that Robinson was an employee of Scodek. Nor was any evidence tendered from which it could be concluded that [898]*898Scodek was negligent in selecting Robinson as an independent contractor or in delegating to him responsibility for delivery of the trailer to a construction site. Finally, the fact that Scodek’s president passed the disabled tractor trailer some hours before the accident and gave Robinson a credit card (which was never used) to enable him to obtain repairs to the tractor trailer cannot serve to create a relationship warranting imposition of liability on Scodek for Robinson’s subsequent alleged negligent operation of the tractor trailer.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

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Bluebook (online)
472 N.E.2d 1031, 63 N.Y.2d 896, 483 N.Y.S.2d 203, 1984 N.Y. LEXIS 4697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shapiro-v-robinson-ny-1984.