Summary
reversing lower court's denial of summary judgment motion brought by Dunkin' Donuts in case arising from an accident involving a delivery truck operated by employee of DD franchisee on ground that DD did not hire the driver, maintain control over the franchisee's hiring practices, or control this aspect of the franchisee's business
Summary of this case from WU v. DUNKIN' DONUTS, INC.Opinion
October 20, 1997
Appeal from the Supreme Court, Queens County (Lane, J.),
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendant Dunkin Donuts of New York, Inc., and the action against the remaining defendants is severed.
This action arises out of a motor vehicle accident in which an employee of a franchisee of the defendant Dunkin Donuts of New York, Inc., lost control of his delivery vehicle and struck a pedestrian. The evidence submitted in support of and in opposition to the appellant's motion for summary judgment established that it did not hire the driver, maintain control over its franchisee's hiring practices, or maintain the right to direct and control the manner of performing the very work in the course of which the accident occurred. Accordingly, the appellant's motion for summary judgment should have been granted ( see, Abreu v. Getty Ref. Mktg. Co., 121 A.D.2d 419).
Rosenblatt, J.P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.