Gallo v. Dugan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
We agree with defendant that plaintiff has failed to prove, by a preponderance of the evidence, that the employee had a history of, or propensity for, assaultive behavior and that even if such was proven, that plaintiff knew or should have known of such propensity. Further, the employee worked at the subject premises for approximately seven years, and was elevated from busboy to bartender, without any untoward incidents. As a result, a cause of action for negligent hiring or retention does not lie (see, Detone v Bullit Courier Serv., 140 AD2d 278, 280, lv denied 73 NY2d 702; Santamarina v…
2Cases cited6 opinions
- Riviello v. WaldronNew York Court of Appeals · 1979
- Barr v. County of AlbanyNew York Court of Appeals · 1980
- Adams v. New York City Transit AuthorityNew York Court of Appeals · 1996
- Detone v. Bullit Courier Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Santamarina v. CitrynellAppellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kenneth R. v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 1997
- Wahlstrom v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2000
- Rodriguez v. United Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Judith M. v. Sisters of Charity HospitalAppellate Division of the Supreme Court of the State of New York · 1998
- Fainberg v. Dalton Kent Securities Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
1 more not listed; retrieve them via the Exa API.