Osipoff v. City of New York

The plaintiff had a jury verdict. The Appellate Division reversed the judgment entered thereon and dismissed the complaint against the city of New York upon the law but affirmed the judgment as against the individual defendant, who was a municipal employee and the active tort feasor in the occurrence to which reference will later be made. The reversal and dismissal were upon the ground that the municipality was not responsible in damages for the assault by its employee as it was not committed within the scope of his authority. In view of the dismissal we must take the facts in a light most…