Rivera v M. GS Talukder

Holding The Appellate Division reversed the lower court’s grant of summary judgment to the Uber defendants because they failed to eliminate all triable issues of fact regarding whether the driver was an employee or an independent contractor. The court determined that the classification of the driver as an employee or independent contractor is a factual issue for the jury, precluding summary judgment dismissal.

The court’s words

The fact that a contract exists designating a person as an independent contractor is to be considered, but is not dispositive

2026 NY Slip Op 06157, at the official text

Whether an actor is an independent contractor or an employee for the purposes of tort liability is usually a factual issue for the jury

2026 NY Slip Op 06157, at the official text

The Uber defendants failed to establish their prima facie entitlement to judgment as a matter of law, as they failed to eliminate all triable issues of fact

2026 NY Slip Op 06157, at the official text