What is the test for a common law claim for negligent selection of a subcontractor?
"New York", United States of America
The following excerpt is from In re Air Crash Near Clarence Ctr., N.Y. on February 12, 2009, 18 N.Y.S.3d 500, 2014 N.Y. Slip Op. 24435, 49 Misc.3d 493 (N.Y. Sup. Ct. 2014):
In order to establish a common law claim for negligent selection of a subcontractor, a plaintiff must show that the contractor either failed to exercise reasonable care in the selection of the [subcontractor] or had actual or constructive knowledge of the [subcontractor's] insufficiency. Waite v. American Airlines, 73 F.Supp.2d 349 [S.D.N.Y.1999].
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