Osvaldo D. v. Rector Church Wardens & Vestrymen of Trinity Church

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered February 21, 2006, which, to the extent appealed from as limited by the briefs, granted the motion of defendant Rector Church Wardens and Vestrymen (Trinity Church) for summary judgment dismissing the complaint against them, unanimously affirmed, without costs.

Trinity Church was not liable under a theory of respondeat superior. Whether or not providing food from his own apartment was part of the employee’s duties, the alleged sexual assault was clearly not in furtherance of the business of Trinity Church and was outside…