Grastataro v. Brodie

Full title: JENNIE GRASTATARO, as Administratrix, etc., of JOSEPH GRASTATARO…

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

Date published: Dec 12, 1919

189 App. Div. 779 (N.Y. App. Div. 1919)

179 N.Y.S. 324

Opinion

December 12, 1919.

Murray G. Jenkins [ William Dike Reed with him on the brief], for the appellant.

John C. Robinson [ Gilbert D. Steiner with him on the brief], for the respondent, appellant.

Bertrand L. Pettigrew, for the respondent.

Present — RICH, PUTNAM, BLACKMAR, KELLY and JAYCOX, JJ.

PUTNAM, J.:

This recovery against defendant Brodie, the general employer of the driver in fault, was right. He was in the position of a general contractor, so that his drivers did not become servants of the Metal Company. ( Carr v. Burke, 183 App. Div. 361, 364; Kellogg v. Church Charity Foundation, 203 N.Y. 191; Vasligato v. Yellow Pine Co., 158 App. Div. 551.)

The judgment and order should be affirmed, with costs to plaintiff as against the defendant Brodie, and with one bill of costs to the Metal Company, to be paid jointly by defendant Brodie and by the plaintiff.

PUTNAM, J.:

Judgment and order unanimously affirmed, with costs to plaintiff as against the defendant Brodie, and with one bill of costs to the Metal Company, to be paid jointly by defendant Brodie and by the plaintiff.