Austin v. State

Greenblott, J. P.,

dissents and votes to reverse in the following memorandum. Greenblott, J. P. (dissenting). In my view, subparagraph 2h of the amended claim, which alleges that a State University instructor intentionally and maliciously inflicted emotional harm upon claimant, a student, should also have been dismissed for failure to state a cause of action. The instructor’s conduct of which claimant complains was obviously neither within the scope of his employment nor done in furtherance of his duties to his employer, the State (see, e.g., Sauter v New York Tribune, 305 NY 442, 444;…