White v. Washington

Appellate Division of the Supreme Court of New York

White v. Washington

22 A.D.2d 648, 252 N.Y.S.2d 967, 1964 N.Y. App. Div. LEXIS 3126

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

DecidedOctober 8, 1964

StatusPublished

This text of 22 A.D.2d 648 (White v. Washington) 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

White v. Washington, 22 A.D.2d 648, 252 N.Y.S.2d 967, 1964 N.Y. App. Div. LEXIS 3126 (N.Y. Ct. App. 1964).

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Opinion

Judgment entered in favor of plaintiff against the defendant, Williams, in the amount of $15,240.50, unanimously reversed, on the law, and complaint dismissed, with $50 costs to appellant. Concededly, the plaintiff here was bound to establish that he was an independent contractor and that the codefendant Washington was an employee of the appellant. Only on this theory would the appellant be chargeable for negligence of Washington and liable to plaintiff, and the trial court, without any exception, so charged the jury. On the record here, however, it is clear that both the plaintiff and Washington stood in the same relationship to appellant. Both were hired at about the same time and on substantially the same terms to do the same job, namely, to move certain furniture for the appellant. There is nothing in the record to support a finding that one was an employee and the other an independent contractor. Finally, there being no proof as to the cause for the slipping of the closet, we agree with Mr. Justice Rabin that the evidence was insufficient to establish negligence on the part of Washington in his handling of the same. Concur—Breitel, J. P., Stevens, Eager and Steuer, JJ.; Rabin, J., concurs in the result.

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Judgment entered in favor of plaintiff against the defendant, Williams, in the amount of $15,240.50, unanimously reversed, on the law, and complaint dismissed, with $50 costs to appellant. Concededly, the plaintiff here was bound to establish that he was an independent contractor and that the codefendant Washington was an employee of the appellant. Only on this theory would the appellant be chargeable for negligence of Washington and liable to plaintiff, and the trial court, without any exception, so charged the jury. On the record here, however, it is clear that both the plaintiff and Washington stood in the same relationship to appellant. Both were hired at about the same time and on substantially the same terms to do the same job, namely, to move certain furniture for the appellant. There is nothing in the record to support a finding that one was an employee and the other an independent contractor. Finally, there being no proof as to the cause for the slipping of the closet, we agree with Mr. Justice Rabin that the evidence was insufficient to establish negligence on the part of Washington in his handling of the same. Concur—Breitel, J. P., Stevens, Eager and Steuer, JJ.; Rabin, J., concurs in the result.

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Bluebook (online)

22 A.D.2d 648, 252 N.Y.S.2d 967, 1964 N.Y. App. Div. LEXIS 3126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-washington-nyappdiv-1964.