
    Harry Ferber, Plaintiff, v. Waco Trucking, Inc. et al., Defendants; S & M Delivery Service Co., Inc., Defendant and Third-Party Plaintiff-Respondent, v. Cavalier Insurance Company, Third-Party Defendant-Appellant.
    Argued January 13, 1975;
    decided February 18, 1975.
    
      
      Harold Glatzer for appellant.
    
      Robert W. Doyle for respondent.
   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, Fughsberg and Cooke concur in memorandum.

Order reversed, etc.  