Heather McCann sued the Varick Group after she was injured while at work. Apparently, a building security guard lifted the lady to see if she could pop a balloon by sitting on it.
Because the guard was an independent contractor, and the property owner's "degree of control" over him wasn't enough to establish an employer-employee relationship, both the New York County Supreme Court, and the Appellate Division, First Department, thought dismissal of the case was appropriate.
Notwithstanding the guard's status, because his actions were a "clear departure" from the scope of his employment, the courts saw that as yet another basis upon which dismissal could be premised. (The owner's failure to conduct a background check was of little consequence, as the guard's past conviction of "kidnapping" bore no relationship to the acts which lead to the lady's injuries.)
McCann lost it in the end.
To view a copy of the Appellate Division's decision, please use this link: McCann v. Varrick Group LLC