· 5/9/1945
Claim of Sheppard v. Demps
Citations
- 269 A.D. 790
- 55 N.Y.S.2d 670
- 1945 N.Y. App. Div. LEXIS 3867
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding lawyer vicariously liable for process server’s failure to serve within requisite time period based on “comprehensive” Code of Professional Responsibility, society’s vision of what lawyers do, and lawyers’ exclusive franchise over their profession
- noting that a party who retains an independent contractor is generally not liable for the contractor’s negligent act because such a party “has no right to control the manner in which the work is to be done”
- rejecting the argument that an attorney could evade legal responsibility for the negligent conduct of a process server
- affirming summary judgment finding that driving a school bus is not inherently dangerous
- “negligence of the employer in selecting, instructing or supervising the contractor” constitutes one “basic categorfy]” of exceptions
- defendant may be held liable for negligence in selecting, instructing, or supervising a contractor
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.