Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Sebrow v. Joe & Mike Taxi, Inc.
Citation: 2018 NY Slip Op 386Docket: 5500 151818/15
Court: Appellate Division of the Supreme Court of the State of New York; January 22, 2018; New York; State Appellate Court
Original Court Document: View Document
Betty Sebrow filed a lawsuit against Joe. Mike Taxi, Inc. and its driver, Mohammed N. Mia, alleging that Mia made anti-Semitic remarks, threatened her, and misled police about her fare payment. The Supreme Court, New York County, dismissed the complaint against Joe. Mike Taxi, ruling that Mia was an independent contractor, not an employee. This determination was based on evidence that Mia leased the taxi, received no salary, retained his own fares, and controlled his work methods. The court found that the plaintiff's speculation regarding potential discovery was insufficient to challenge the taxi company's prima facie showing. Additionally, the court noted that Sebrow did not preserve her argument that the lease agreement had expired before the incident, and there was no basis for holding Joe. Mike Taxi vicariously liable for Mia's actions under the Vehicle and Traffic Law. The Appellate Division unanimously affirmed the lower court's decision without costs.