Legal Opinion
Horvath v. L & B Gardens, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2011PublishedCited by 14 opinions
1Opinion of the Court
This action arises from a physical altercation between the plaintiff John Kolompar and Joseph J. Horvath, the deceased brother of the plaintiff Christina D. Horvath, on one side, and on the other side, several employees of the defendants L & B Gardens, Inc., and L & B Gardens, Inc., doing business as L & B Spumoni Gardens (hereinafter together L & B), a restaurant in Brooklyn, New York.
Pursuant to the doctrine of respondeat superior, an employer can be held vicariously liable for torts committed by an employee acting within the scope of employment (see Fernandez v Rustic Inn, Inc., 60 AD3d…
2Cases cited4 opinions
- Judith M. v. Sisters of Charity HospitalNew York Court of Appeals · 1999
- Savarese v. City of New York Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
- Fernandez v. Rustic Inn, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Schuhmann v. McBrideAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by14 opinions
- Ziccarelli v. NYU Hospitals CenterDistrict Court, S.D. New York · 2017
- Doe v. Guthrie Clinic, Ltd.Court of Appeals for the Second Circuit · 2013
- Scott v. LopezAppellate Division of the Supreme Court of the State of New York · 2016
- Zwibel v. Midway Automotive GroupAppellate Division of the Supreme Court of the State of New York · 2015
- Wood v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
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