Ferber v. Waco Trucking, Inc.

New York Court of Appeals February 18, 1975

Ferber v. Waco Trucking, Inc., 36 N.Y.2d 693 (N.Y. 1975)

325 N.E.2d 871; 366 N.Y.S.2d 411; 1975 N.Y. LEXIS 1658

Opinion of the Court

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, Fughsberg and Cooke concur in memorandum.

Order reversed, etc.

Reference

Full Case Name: Harry Ferber v. Waco Trucking, Inc., Defendants S & M Delivery Service Co., Inc., and Third-Party Plaintiff-Respondent v. Cavalier Insurance Company, Third-Party
Cited By: 1 case
Status: Published