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Frawley v. Miller

Supreme Court, Appellate Term, First Department
Nov 13, 1925
125 Misc. 864 (N.Y. App. Term 1925)

Opinion

November 13, 1925.

Hunt, Hill Betts [ H. Victor Crawford of counsel], for the appellants.

Abraham Greenberg, for the respondent.


Action for damages to plaintiffs' premises from defendants' negligence.

Defense, general denial.

A judgment by default for same occurrence has been recovered against defendant Ahlers who was an independent contractor.

On January 17, 1925, Ahlers, an independent contractor, installed a pole in yard of defendants' premises No. 1688 Third avenue. The pole fell and plaintiffs sustained a property damage of $130.

Plaintiffs proved the erection and fall of pole and claimed and oral promise by defendants to repair the damage.

Defense proved that pole was erected by Ahlers, an independent contractor; denied in effect any promise to repair damage and proved that defendants did not interfere with or control the independent contractor.

Defendants are not liable for the neglect of their independent contractor. If a promise to repair damage done by independent contractor is relied on it must be pleaded. No recovery on such a theory can be had under a mere averment of negligence. ( Roemer v. Striker, 142 N.Y. 134, 136, 137.)

Judgment reversed, with thirty dollars costs, and complaint dismissed, with costs.

All concur; present, GUY, BIJUR and MULLAN, JJ.


Summaries of

Frawley v. Miller

Supreme Court, Appellate Term, First Department
Nov 13, 1925
125 Misc. 864 (N.Y. App. Term 1925)
Case details for

Frawley v. Miller

Case Details

Full title:JOSEPHINE J. FRAWLEY and Another, Respondents, v . MORRIS MILLER and…

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 13, 1925

Citations

125 Misc. 864 (N.Y. App. Term 1925)
212 N.Y.S. 323