Start v. Sugarcreek Stores

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Plaintiff Kathleen Start was injured in an unprovoked attack by defendant’s employee. Although an employer may be liable when it hires or retains an employee with knowledge of his propensity for the type of behavior that caused plaintiff’s injuries, defendant submitted proof in admissible form establishing that it had no such knowledge, and the evidence submitted by plaintiff is insufficient…