What is the name of your state? NY Third Dept.
I am looking for statutes/case law to support the following:
Defendant Property Owner breached their duty of care to Plaintiff who owns adjacent property by not performing reasonable investigative due diligence on independent contractor (Defendant Contractor) to determine if Defendant Contractor was certified/qualified to harvest timber and trees from Defendant's Property. Defendant Contractor and Defendant Logger (hired by Defendant Contractor) incorrectly marked the boundary of Defendant's property and cut/removed/spoiled trees on Plaintiff's land.
I have NY case law that will hold the Defendant liable on failure to properly instruct contractor ( see Leger v Central Hudson Gas & Elec. Corp., 291 AD2d 603, 604 [2002]).
What I am trying to do is make the case that the negligence of the Defendant Owner to determine if the Defendant Contractor was qualified (arguable they were not as they missed the property line by 200 feet.) would imply that any instructions provided would insufficient as the Defendant Owner was unable to determine reasonable instructions due to above negligence.
Basically, if Defendant Owner didn't know the qualifications of the Defendant Contractor, how could he property instruct them? Therefore, if he negligently failed to take reasonable steps to determine the qualifications, he is liable for damage done by Defendant Contractor.
I am the Plaintiff pro se in this matter. Local attorneys have been requesting a retainer far in excess of my financial ability, but I do have legal advice on an hourly basis but I need to keep that bill manageable.
I anticipate the inevitable motion to dismiss will be on the grounds that Defendant is liable for the actions of an Independent Contractor and will need to oppose using the above theory.
Any help anyone can give in identifying statues/case law relevant to the above will be very appreciated.
Thanks in Advance.
Leger is available at http://decisions.courts.state.ny.us/ad3/decisions/2002/89975.pdf
I am looking for statutes/case law to support the following:
Defendant Property Owner breached their duty of care to Plaintiff who owns adjacent property by not performing reasonable investigative due diligence on independent contractor (Defendant Contractor) to determine if Defendant Contractor was certified/qualified to harvest timber and trees from Defendant's Property. Defendant Contractor and Defendant Logger (hired by Defendant Contractor) incorrectly marked the boundary of Defendant's property and cut/removed/spoiled trees on Plaintiff's land.
I have NY case law that will hold the Defendant liable on failure to properly instruct contractor ( see Leger v Central Hudson Gas & Elec. Corp., 291 AD2d 603, 604 [2002]).
What I am trying to do is make the case that the negligence of the Defendant Owner to determine if the Defendant Contractor was qualified (arguable they were not as they missed the property line by 200 feet.) would imply that any instructions provided would insufficient as the Defendant Owner was unable to determine reasonable instructions due to above negligence.
Basically, if Defendant Owner didn't know the qualifications of the Defendant Contractor, how could he property instruct them? Therefore, if he negligently failed to take reasonable steps to determine the qualifications, he is liable for damage done by Defendant Contractor.
I am the Plaintiff pro se in this matter. Local attorneys have been requesting a retainer far in excess of my financial ability, but I do have legal advice on an hourly basis but I need to keep that bill manageable.
I anticipate the inevitable motion to dismiss will be on the grounds that Defendant is liable for the actions of an Independent Contractor and will need to oppose using the above theory.
Any help anyone can give in identifying statues/case law relevant to the above will be very appreciated.
Thanks in Advance.
Leger is available at http://decisions.courts.state.ny.us/ad3/decisions/2002/89975.pdf
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