Von-Ary v. Cain, LLC

2 Citing cases

  1. Capak v. Epps

    18-CV-4325 (RA) (S.D.N.Y. Jun. 10, 2020)

    It is well established, however, that an employer is not liable for the negligent or tortious acts of an individual it hires as an independent contractor. See, e.g., Phillips v. Uber Techs., Inc., No. 16 Civ. 295 (DAB), 2017 WL 2782036, at *4 (S.D.N.Y. June 14, 2017) (explaining that "[g]enerally, an employer who hires an independent contractor, as distinguished from an employee, is not liable for that individual's negligent or tortious acts"); Von-Ary v. Cain, LLC, No. 05 Civ. 991 (LAP), 2009 WL 1835934, at *3 (S.D.N.Y. June 26, 2009) (same); Cohen v. Deepdale Gardens Corp., 115 N.Y.S.3d 613, at *2 (Sup. Ct. 2019) (same). New York state law applies to this diversity action because the alleged tortious acts occurred in New York, see Velez v. Sebco Laundry Sys., Inc., 178 F. Supp. 2d 336, 339 (S.D.N.Y. 2001), and because the parties do not dispute its applicability, see Allison v. Rite Aid Corp., 812 F. Supp. 2d 565, 568 (S.D.N.Y. 2011) ("Because the parties have relied on New York State law in presenting their arguments to this Court, we assume that New York law applies to this diversity action.").

  2. Gordon v. Jones

    CIVIL ACTION NO. 3:08CV-P460-S (W.D. Ky. Aug. 19, 2010)   Cited 2 times
    Concluding that a bus station operator was not liable for the torts committed by an off-duty police officer employed by an independent-contractor security company because “the use of security guards is not an inherently dangerous activity”

    Therefore, Defendants Greyhound and Gardner are not liable for negligent screening, training, or supervision. See also Khan v. Houston NFL Holdings LP, 277 F. App'x 503 (5th Cir. 2008) (granting summary judgment to defendant on claim that it had negligently hired security guards who injured plaintiff); Von-Ary v. Cain, LLC, No. 05 Civ. 991 (LAP), 2009 U.S. Dist. LEXIS 54136, *8-9 (S.D.N.Y. Jun. 26, 2009) (same). Accordingly, the motions for summary judgment by Defendants Greyhound and Gardner will be granted.