Appellate Terms of the Supreme Court of New York, 1926

Devuono v. Muller

Devuono v. Muller
Appellate Terms of the Supreme Court of New York · Decided December 24, 1926
128 Misc. 501; 219 N.Y.S. 83; 1926 N.Y. Misc. LEXIS 806

Counsel

John P. Smith, for the appellant., Joseph L. Ranzenhofer, for the respondent.

Devuono v. Muller

Opinion of the Court

Per Curiam.

Judgment as to appellant Candee, Smith & Howland Co., Inc., reversed and complaint dismissed as to it, with thirty dollars costs, on the ground that defendant Muller was an independent contractor engaged by the defendant, appellant, by the day, and at the time of the accident Muller was on his way to the place of business of the corporate defendant, and not doing its work.

All concur; present, Delehanty, Lydon and O’Malley, JJ.

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