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Garrett v. Learning Annex, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 1997
237 A.D.2d 192 (N.Y. App. Div. 1997)

Opinion

March 20, 1997.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 16, 1995, which granted defendant The Learning Annex's motion for summary judgment dismissing the complaint and all other claims against it, unanimously affirmed, without costs.

Before: Rosenberger, J.P., Wallach, Williams and Andrias, JJ.


The IAS Court properly granted defendant The Learning Annex's motion for summary judgment since the evidence revealed that The Learning Annex had hired defendant Ice Studio as an independent contractor and was thus not liable for any negligent acts of the independent contractor ( Kleeman v Rheingold, 81 NY2d 270, 273). Nor is there any evidence demonstrating that The Learning Annex exercised any control over the ice skating classes, that The Learning Annex had a duty to maintain the premises at which plaintiff was injured, that any negligent act or omission on the part; of The Learning Annex caused Plaintiff's injuries, or that The Learning Annex could be held liable on any other theory.


Summaries of

Garrett v. Learning Annex, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 1997
237 A.D.2d 192 (N.Y. App. Div. 1997)
Case details for

Garrett v. Learning Annex, Inc.

Case Details

Full title:ARLINE GARRETT, Appellant, v. LEARNING ANNEX, INC., Respondent, et al.…

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

Date published: Mar 20, 1997

Citations

237 A.D.2d 192 (N.Y. App. Div. 1997)
655 N.Y.S.2d 760