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Bushey v. Restaurant Associates, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1999
260 A.D.2d 326 (N.Y. App. Div. 1999)

Opinion

April 29, 1999

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).


Triable issues of fact exist, including whether the driver of the cart that struck plaintiff was appellant's employee, and, if that is not the case, whether appellant exercised sufficient control over the cart to warrant the imposition of liability ( see, Ahmad v. Ennab, 158 A.D.2d 637). This latter issue is raised by the testimony that carts like the one in question were freely given out by appellant to its subcontractors based on availability.

Concur — Rosenberger, J. P., Williams, Andrias, Saxe and Buckley, JJ.


Summaries of

Bushey v. Restaurant Associates, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1999
260 A.D.2d 326 (N.Y. App. Div. 1999)
Case details for

Bushey v. Restaurant Associates, Inc.

Case Details

Full title:CANDICE BUSHEY, Respondent, v. RESTAURANT ASSOCIATES, INC., Appellant, and…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 29, 1999

Citations

260 A.D.2d 326 (N.Y. App. Div. 1999)
690 N.Y.S.2d 186