Legal Opinion
Sims v. Bergamo
New York Court of Appeals
Decided December 5, 1957PublishedCited by 35 opinions
1Opinion of the CourtBubke, J.
A jury awarded plaintiff a verdict against defendant, the proprietor of a bar and grill, for an assault committed by defendant’s bartender. Upon appeal by defendant the Appellate Division, having affirmed the facts, reversed the judgment entered on the jury verdict and directed the dismissal of the complaint “ upon the law alone ” on the ground that the evidence adduced failed to establish the fact or warrant the conclusion that the assault by the bartender was within the scope of his employment or in furtherance of his employer’s interests.
In view of the Appellate Division’s disposition, the…
2Cases cited8 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- Sauter v. New York Tribune, Inc.New York Court of Appeals · 1953
- Osipoff v. City of New YorkNew York Court of Appeals · 1941
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Riviello v. WaldronNew York Court of Appeals · 1979
- Jones v. TraneNew York Supreme Court · 1992
- Dilworth v. GoldbergDistrict Court, S.D. New York · 2012
- Rausman v. BaughAppellate Division of the Supreme Court of the State of New York · 1998
- Adorno v. Correctional Services Corp.District Court, S.D. New York · 2004
30 more not listed; retrieve them via the Exa API.