FERBER v. WACO TRUCKING, INC

MEMORANDUM: The order appealed from should be reversed and the judgment of the Supreme Court, Nassau County, reinstated, with costs.

S M Delivery Service Co., Inc. was an independent contractor, and not an employee of Waco Trucking. Therefore, the loading and unloading endorsement did not extend to S M as an additional insured party. (See Breen v. Cunard Lines S.S. Co., 33 N.Y.2d 508. )

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order reversed, etc.