Opinion
March 1, 1999
Appeal from the Supreme Court, Queens County (Polizzi, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
"It is well settled that one who hires an independent contractor is not liable for the independent contractor's negligent acts because the employer has no right to control the manner in which the work is to be done" ( Mercado v. Slope Assocs., 246 A.D.2d 581; see, Dente v. Staten Is. Univ. Hosp., 252 A.D.2d 534). Here, American Airlines, Inc., submitted sufficient evidence to establish, as a matter of law, that Combined Contract Services, Inc., which provided the personnel for curbside check in, was an independent contractor, and the plaintiff failed to raise a triable question of fact on this issue.
Contrary to the plaintiffs contention, CPLR 3212 (f) does not countenance the postponement of summary disposition where, as here, in opposing the motion for summary judgment, the plaintiff merely speculates that discovery might uncover that the injuries sued upon resulted from the defendants' negligence ( see, Agoglia v. Sterling Foster Co., 237 A.D.2d 549).
O'Brien, J. P., Sullivan, Joy and Krausman, JJ., concur.