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Schulhofer v. Mulhare

Supreme Court, Appellate Term
May 1, 1906
50 Misc. 658 (N.Y. App. Term 1906)

Summary

In Schulhofer v. Mulhare, 50 Misc. 658, the court say: "We think the judgment should be sustained on the ground that it is shown, without contradiction, that the work of excavation was entirely in the hands of an independent contractor, and that such contractor was a fit and competent person."

Summary of this case from Coolidge v. State of New York

Opinion

May, 1906.

Charles Kaufmann, for appellant.

Michael J. Sullivan (Louis O. Van Doren, of counsel), for respondent.


The action is for damages caused to plaintiff's premises by excavations on defendant's adjoining premises. Judgment was given for defendant. Plaintiff appeals. We think the judgment should be sustained on the ground that it is shown, without contradiction, that the work of excavation was entirely in the hands of an independent contractor, and that such contractor was a fit and competent person. Hexamer v. Webb, 101 N.Y. 377; Roemer v. Striker, 142 id. 134; Berg v. Parsons, 156 id. 109. If the work was negligently or improperly done by the contractor's workmen, the contractor, and not defendant, was liable. The evidence does not warrant a finding that defendant or her husband, as her agent, interfered with the contractor's method of doing the work, or attempted to direct or control his actions.

DAVIS and CLINCH, JJ., concur.

Judgment affirmed, with costs.


Summaries of

Schulhofer v. Mulhare

Supreme Court, Appellate Term
May 1, 1906
50 Misc. 658 (N.Y. App. Term 1906)

In Schulhofer v. Mulhare, 50 Misc. 658, the court say: "We think the judgment should be sustained on the ground that it is shown, without contradiction, that the work of excavation was entirely in the hands of an independent contractor, and that such contractor was a fit and competent person."

Summary of this case from Coolidge v. State of New York
Case details for

Schulhofer v. Mulhare

Case Details

Full title:ABRAHAM SCHULHOFER, Appellant, v . ELLEN MULHARE, Respondent

Court:Supreme Court, Appellate Term

Date published: May 1, 1906

Citations

50 Misc. 658 (N.Y. App. Term 1906)
99 N.Y.S. 489

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