The general rule is that the employer is not liable for an independent contractor's negligent acts. Determining whether there is an employer-employee relationship depends on whether the purported employer exercises control over the results produced, or the means used to achieve the results, and control over the means is the more important consideration. Factors relevant in assessing control include whether the worker worked at his or her own convenience; was free to engage in other employment; received fringe benefits; was on the employer's payroll; and was on a fixed schedule. Minimal or incidental control over the work product, absent the employer's direct supervision or input over the means used to complete the work, is insufficient to establish an employer-employee relationship.
Athenas v. Simon Prop. Group, L.P., NY Slip Op 04140 (2d Dep't July 22, 2020)
Here is the decision.
