Friday, September 9, 2016

Liability for an independent contractor's negligent acts.

Practice point:  A party who retains an independent contractor, as distinguished from an employee or servant, is not liable for the independent contractor's negligent acts.  There are exceptions to this general rule, one of which is applicable where the party is under a duty to keep the premises safe. In that instance, as the legal duty is non-delegable, the party is vicariously liable for the the independent contractor's fault. 

Case:  Pesante v. Vertical Indus. Dev. Corp., NY Slip Op 05854 (2d Dep't August 24, 2016)

Here is the decision.

Monday's issue:  A 306-b motion to extend the time to serve.