Hyperlawhypertext legal databasebeta Ferber v. Waco Trucking, Inc. 36 N.Y.2d 693

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Ferber v. Waco Trucking, Inc.

36 N.Y.2d 693 Court N.Y. Decision date 1975-02-18 English

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p. 693
Harry Ferber, Plaintiff, v. Waco Trucking, Inc. et al., Defendants; S & M Delivery Service Co., Inc., Defendant and Third-Party Plaintiff-Respondent, v. Cavalier Insurance Company, Third-Party Defendant-Appellant.
Argued January 13, 1975;
decided February 18, 1975.
p. 694
Harold Glatzer for appellant.
Robert W. Doyle for respondent.

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.

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