Summary Judgment Affirmed Dismissing Claims of Respondeat Supeior and Negligent Hiring and Supervision
The Second Department affirmed the order awarding summary judgment to the building owners and managers in a case where plaintiffs alleged that the building superintendent threw drain cleaner on them while shouting at them for playing loud music.
The court found that defendants established their prima facie entitlement to judgment as a matter of law dismissing respondeat superior claims because defendants established that the superintendent was not acting within the scope of his employment when the incident occurred and that the superintendent's alleged conduct was not reasonably foreseeable by defendants and because the superintendent was not acting within the scope of his employment when the incident occurred.
The case is DeJesus v. DeJesus, ___ A.D.3d ___, ___ N.Y.S.3d ___, 2015 WL 5945319 (2d Dept. 2015).
Congratulations to Daniel S. Kotler who wrote the appeal and appeared for oral argument.