Opinion
Argued January 13, 1975
Decided February 18, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM J. SULLIVAN, J.
Harold Glatzer for appellant.
Robert W. Doyle for respondent.
MEMORANDUM: The order appealed from should be reversed and the judgment of the Supreme Court, Nassau County, reinstated, with costs.
S M Delivery Service Co., Inc. was an independent contractor, and not an employee of Waco Trucking. Therefore, the loading and unloading endorsement did not extend to S M as an additional insured party. (See Breen v. Cunard Lines S.S. Co., 33 N.Y.2d 508. )
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order reversed, etc.