27 New York opinions name it 10 courts 1915–2025 7 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rosenberg v. Equitable Life Assurance Societygreen2 sentences2024Soc. of US, 79 NY2d 663 [1992]). 2024Soc. of US, 79 NY2d 663 [1992]). | 5 | 7 |
Soussi v. Gobingreen2 sentences2015Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d at 581; Sanchez v 1710 Broadway, Inc., 79 AD3d at 846-847 ; see generally Backiel v Citibank, 299 AD2d 504, 505-507 [2002]; Richardson v Simone, 275 AD2d 576, 576-577 [2000]). 2014Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d 580, 581 [2011]; Steel v City of New York, 271 AD2d 435, 436 [2000]; Davies v Contel of N.Y., 187 AD2d 898, 900 [1992]; see also Liberty Mut. | 3 | 3 |
Herman v. . City of Buffalogreen2 sentences2024The Mackesys' independent contractor defense also does not insulate them from immunity when the contractors were instructed by the Mackesys to construct the very thing that is alleged to have caused the damages complained of and that the damage complained of "is a direct and natural result from the work required of the independent contractor" ( Long , 16 AD3d at 965 , n.2 [quoting Herman v City of Buffalo , 214 NY 316, 319 [1915]). 2024The Mackesys' independent contractor defense also does not insulate them from immunity when the contractors were instructed by the Mackesys to construct the very thing that is alleged to have caused the damages complained of and that the damage complained of "is a direct and natural result from the work required of the independent contractor" ( Long , 16 AD3d at 965 , n.2 [quoting Herman v City of Buffalo , 214 NY 316, 319 [1915]). | 2 | 2 |
Davies v. Contel of New York, Inc.green2 sentences2014Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d 580, 581 [2011]; Steel v City of New York, 271 AD2d 435, 436 [2000]; Davies v Contel of N.Y., 187 AD2d 898, 900 [1992]; see also Liberty Mut. 2014Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d 580, 581 [2011]; Steel v City of New York, 271 AD2d 435, 436 [2000]; Davies v Contel of N.Y., 187 AD2d 898, 900 [1992]; see also Liberty Mut. | 2 | 2 |
Steel v. City of New Yorkgreen2 sentences2014Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d 580, 581 [2011]; Steel v City of New York, 271 AD2d 435, 436 [2000]; Davies v Contel of N.Y., 187 AD2d 898, 900 [1992]; see also Liberty Mut. 2014Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d 580, 581 [2011]; Steel v City of New York, 271 AD2d 435, 436 [2000]; Davies v Contel of N.Y., 187 AD2d 898, 900 [1992]; see also Liberty Mut. | 2 | 2 |
Chainani v. Board of Educationgreen2 sentences2013Plaintiff’s claim that Pizza-Del may be liable, notwithstanding that EMO was an independent contractor, based on the “inherently dangerous” exception to the independent contractor rule (see Chainani v Board of Educ. of City of N.Y., 87 NY2d 370, 380-381 [1995]; Rosenberg v Equitable Life Assur. 2008Furthermore, as to the independent contractor defense, the facts alleged in the Edwards’ affidavit raise a triable issue of fact as to whether the defendants exercised any control over the means and methods of the work performed (see Chainani v Board of Educ. of City of N.Y., 87 NY2d 370, 380-381 [1995]; Willis v City of New York, 266 AD2d 208, 208-209 [1999]; Melbourne v New York Life Ins. | 2 | 2 |
McMahon v. Goldgreen1 sentence2015In opposition, the plaintiffs failed to raise a triable issue of fact as to whether the owners created or had actual or constructive notice of the condition that caused the accident (see Schnell v Fitzgerald, 95 AD3d at 1296 ; McMahon v Gold, 78 AD3d 908, 910 [2010]; Lal v Ching Po Ng, 33 AD3d 668, 668-669 [2006]), or whether any recognized exception to the independent contractor rule applied to the facts of this case (see Rosenberg v Equitable Life Assur. | 1 | 1 |
Lal v. Ching Po Nggreen1 sentence2015In opposition, the plaintiffs failed to raise a triable issue of fact as to whether the owners created or had actual or constructive notice of the condition that caused the accident (see Schnell v Fitzgerald, 95 AD3d at 1296 ; McMahon v Gold, 78 AD3d 908, 910 [2010]; Lal v Ching Po Ng, 33 AD3d 668, 668-669 [2006]), or whether any recognized exception to the independent contractor rule applied to the facts of this case (see Rosenberg v Equitable Life Assur. | 1 | 1 |
Richardson v. Simonegreen1 sentence2015Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d at 581; Sanchez v 1710 Broadway, Inc., 79 AD3d at 846-847 ; see generally Backiel v Citibank, 299 AD2d 504, 505-507 [2002]; Richardson v Simone, 275 AD2d 576, 576-577 [2000]). | 1 | 1 |
Backiel v. Citibank, N.A.green1 sentence2015Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d at 581; Sanchez v 1710 Broadway, Inc., 79 AD3d at 846-847 ; see generally Backiel v Citibank, 299 AD2d 504, 505-507 [2002]; Richardson v Simone, 275 AD2d 576, 576-577 [2000]). | 1 | 1 |
Fernandez v. 707, Inc.green1 sentence2013Socy. of U.S., 79 NY2d 663, 668 [1992]; Fernandez v 707, Inc., 85 AD3d 539, 540 [2011]) is also without merit. | 1 | 1 |
Willis v. City of New Yorkgreen1 sentence2008Furthermore, as to the independent contractor defense, the facts alleged in the Edwards’ affidavit raise a triable issue of fact as to whether the defendants exercised any control over the means and methods of the work performed (see Chainani v Board of Educ. of City of N.Y., 87 NY2d 370, 380-381 [1995]; Willis v City of New York, 266 AD2d 208, 208-209 [1999]; Melbourne v New York Life Ins. | 1 | 1 |
Melbourne v. New York Life Insurancegreen1 sentence2008Co., 271 AD2d 296, 297 [2000]). | 1 | 1 |
Rotz v. City of New Yorkgreen1 sentence2003As stated in Rotz v City of New York ( 143 AD2d 301, 304 [1988]), “[i]ssues of negligence, foreseeability and proximate cause involve the kinds of judgmental variables which have traditionally, and soundly, been left to the finders of fact to resolve even where the facts are essentially undisputed.” So too is the issue of duty in this case which is inextricably interwoven with all of the issues presented by this motion. | 1 | 1 |
Thomassen v. J & K Diner, Inc.green1 sentence2002In fact, the general rule has been so overwhelmed by its exceptions that many have questioned its continued validity (see Thomassen v J & K Diner, supra at 424; Prosser and Keeton, Torts § 71, at 510 [5th ed]). | 1 | 1 |
Major v. Waverly & Ogden, Inc.green2 sentences1985We held that a violation of such a statute is conclusive evidence of negligence and conclusive evidence of negligence calls for a directed verdict ( Joyce v Rumsey Realty Corp. , supra ; see , Major v Waverly & Ogden , 7 N.Y.2d 332, 334 ). 1985We held that a violation of such a statute is conclusive evidence of negligence and conclusive evidence of negligence calls for a directed verdict (Joyce v Rumsey Realty Corp., supra; see, Major v Waverly & Ogden, 7 NY2d 332, 334 ). | 1 | 1 |
| Joyce v. Rumsey Realty Corp.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brothers v. New York State Electric & Gas Corp.
green
2 sentences2025NO. 287 RECEIVED NYSCEF: 05/14/2025 Under the independent contractor rule, Con Edison cannot be held liable for the acts of Danella absent direct negligence (see Brothers v. New York State Elec. & Gas Corp., 11 NY3d 251 [2008]; Hussain v. City of New York, 179 AD3d 1046 [2d Dept 2020]). 2025Under the independent contractor rule, Con Edison cannot be held liable for the acts of Danella absent direct negligence (see Brothers v. New York State Elec. & Gas Corp., 11 NY3d 251 [2008]; Hussain v. City of New York, 179 AD3d 1046 [2d Dept 2020]). | 2 | 2025–2025 |
Hussain v. City of New York
neutral
2 sentences2025NO. 287 RECEIVED NYSCEF: 05/14/2025 Under the independent contractor rule, Con Edison cannot be held liable for the acts of Danella absent direct negligence (see Brothers v. New York State Elec. & Gas Corp., 11 NY3d 251 [2008]; Hussain v. City of New York, 179 AD3d 1046 [2d Dept 2020]). 2025Under the independent contractor rule, Con Edison cannot be held liable for the acts of Danella absent direct negligence (see Brothers v. New York State Elec. & Gas Corp., 11 NY3d 251 [2008]; Hussain v. City of New York, 179 AD3d 1046 [2d Dept 2020]). | 2 | 2025–2025 |
Long v. Sage Estate Homeowners Ass'n
green
2 sentences2024The Mackesys' independent contractor defense also does not insulate them from immunity when the contractors were instructed by the Mackesys to construct the very thing that is alleged to have caused the damages complained of and that the damage complained of "is a direct and natural result from the work required of the independent contractor" ( Long , 16 AD3d at 965 , n.2 [quoting Herman v City of Buffalo , 214 NY 316, 319 [1915]). 2024The Mackesys' independent contractor defense also does not insulate them from immunity when the contractors were instructed by the Mackesys to construct the very thing that is alleged to have caused the damages complained of and that the damage complained of "is a direct and natural result from the work required of the independent contractor" ( Long , 16 AD3d at 965 , n.2 [quoting Herman v City of Buffalo , 214 NY 316, 319 [1915]). | 2 | 2024–2024 |
Sanchez v. 1710 Broadway, Inc.
green
2 sentences2015Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d at 581; Sanchez v 1710 Broadway, Inc., 79 AD3d at 846-847 ; see generally Backiel v Citibank, 299 AD2d 504, 505-507 [2002]; Richardson v Simone, 275 AD2d 576, 576-577 [2000]). 2011Socy. of U.S., 79 NY2d 663, 668 [1992]; Sanchez v 1710 Broadway, Inc., 79 AD3d at 847 ). | 2 | 2011–2015 |
Health & Endurance Medical, P.C. v. Deerbrook Insurance
neutral
2 sentences2012Co. ( 44 AD3d 857 [2007]) and, in any event, that the treating providers here were not, in fact, independent contractors but were employees of the PC. 2012Co. ( 44 AD3d 857 [2007]). | 2 | 2012–2012 |
Haskin v. United States
green
1 sentence2024Contrary to the defendants' contentions, their evidence failed to conclusively establish that the independent contractor exception or the discretionary function exception to the FTCA's waiver of sovereign immunity applied to bar the plaintiffs' potential claim against the United States Government ( see generally Haskin v U.S. , 569 Fed Appx at 15 ; Andrulonis v U.S. , 952 F2d 652, 655 [2d Cir]; Esgrance v United States , 2018 WL 2943222 , *2, 2018 US Dist LEXIS 97911 , *3-6 [SDNY, No. 17-CV-8352 (JPO)]; Lanzilotta v U.S. , 1998 WL 765143 , *5 [EDNY, No. 95-CV-5334 (JG)]). | 1 | 2024–2024 |
Schnell v. Fitzgerald
green
1 sentence2015In opposition, the plaintiffs failed to raise a triable issue of fact as to whether the owners created or had actual or constructive notice of the condition that caused the accident (see Schnell v Fitzgerald, 95 AD3d at 1296 ; McMahon v Gold, 78 AD3d 908, 910 [2010]; Lal v Ching Po Ng, 33 AD3d 668, 668-669 [2006]), or whether any recognized exception to the independent contractor rule applied to the facts of this case (see Rosenberg v Equitable Life Assur. | 1 | 2015–2015 |
Barton v. . the City of Syracuse
green
1 sentence2004(Barton v City of Syracuse, 36 NY 54 [1867].) This contractor immunity exception is not founded in the “inherently dangerous activity” doctrine but in the “nondelegable municipal duty” doctrine. | 1 | 2004–2004 |
Goodman v. 78 West 47th Street Corp.
green
1 sentence2000Corp., 253 AD2d 384 ). | 1 | 2000–2000 |
Maristany v. Patient Support Services, Inc.
green
1 sentence2000Notwithstanding the foregoing, even if we were persuaded by IMR that Hudson could be deemed an independent contractor as a matter of law, it is settled that one common law exception to the independent contractor rule is where the employer was negligent in selecting, instructing or supervising the contractor (Maristany v Patient Support Servs., 264 AD2d 302 ; Goodman v 78 W. 47th St. | 1 | 2000–2000 |
Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp.
green
1 sentence1997Corp., 50 NY2d 183, 193-194 ; Nassau Diagnostic Imaging & Radiation Oncology Assocs. v Winthrop-University Hosp., 197 AD2d 563 , lv denied 83 NY2d 756 ). | 1 | 1997–1997 |
Nassau Diagnostic Imaging & Radiation Oncology Associates v. Winthrop-University Hospital
green
1 sentence1997Corp., 50 NY2d 183, 193-194 ; Nassau Diagnostic Imaging & Radiation Oncology Assocs. v Winthrop-University Hosp., 197 AD2d 563 , lv denied 83 NY2d 756 ). | 1 | 1997–1997 |
Village of Medina v. . Dingledine
green
1 sentence1988Moreover, to allow a contractor to sue a local government to recoup additional moneys it expended to comply with the prevailing wage statute would reward the contractor for his violation of the statute, subvert the statutory scheme of placing all bidders on an equal footing, and impose an unwarranted burden upon intended beneficiaries of the competitive bidding process, the town and its taxpayers (see, Associated Bldrs. & Contrs. v City of Rochester, 67 NY2d 854 , supra; Village of Medina v Dingledine, 211 NY 24 , supra; 24 Opns St Comp, 1968, at 225-226). | 1 | 1988–1988 |
Associated Builders & Contractors, Inc. v. City of Rochester
green
1 sentence1988Moreover, to allow a contractor to sue a local government to recoup additional moneys it expended to comply with the prevailing wage statute would reward the contractor for his violation of the statute, subvert the statutory scheme of placing all bidders on an equal footing, and impose an unwarranted burden upon intended beneficiaries of the competitive bidding process, the town and its taxpayers (see, Associated Bldrs. & Contrs. v City of Rochester, 67 NY2d 854 , supra; Village of Medina v Dingledine, 211 NY 24 , supra; 24 Opns St Comp, 1968, at 225-226). | 1 | 1988–1988 |
| MJ McGough Company v. Jane Lamb Memorial Hospital green | 1 | 1971–1971 |
| Neddo v. State green | 1 | 1959–1959 |
| Miller v. State neutral | 1 | 1959–1959 |
| Neddo v. State green | 1 | 1959–1959 |
| Turner v. . City of Newburgh green | 1 | 1959–1959 |
| Miller v. State green | 1 | 1959–1959 |
| Hawke v. Brown green | 1 | 1923–1923 |
| Herrmann Grace v. . Hillman green | 1 | 1917–1917 |
| Keavey v. De Rago green | 1 | 1915–1915 |
| Herrmann Grace v. . the City of New York green | 1 | 1915–1915 |
| Van Clief v. . Van Vechten green | 1 | 1915–1915 |
| Herrmann & Grace v. City of New York green | 1 | 1915–1915 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.