Appellate Division of the Supreme Court of New York, 1919

Grastataro v. Brodie

Appellate Division of the Supreme Court of New York · Decided December 12, 1919 · Putnam

189 A.D. 779; 179 N.Y.S. 324; 1919 N.Y. App. Div. LEXIS 4758

Counsel

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.

Opinion of the Court

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.

Present — Rich, Putnam, Blackmar, Kelly and Jay-cox, JJ.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.