Curtis v. County of Oneida
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—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. Defendant is not liable for the intentional tort of its employee “because the record establishes as a matter of law that the acts constituting that tort were wholly personal in nature, outside the scope of the [employee’s] employment and not in furtherance of defendant’s business” (Curtis v City of Utica, 209 AD2d 1024, 1025; see, Joshua S. v Casey, 206 AD2d 839; Nicollette T. v Hospital for…
2Cases cited6 opinions
- Kirkman v. Astoria General HospitalAppellate Division of the Supreme Court of the State of New York · 1994
- Joshua S. v. CaseyAppellate Division of the Supreme Court of the State of New York · 1994
- Nicollette T. v. Hospital for Joint Diseases/Orthopaedic InstituteAppellate Division of the Supreme Court of the State of New York · 1993
- Stevens v. LankardAppellate Division of the Supreme Court of the State of New York · 1968
- Curtis v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- K. I. v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 1998
- Bouchard v. New York ArchdioceseDistrict Court, S.D. New York · 2010
- Paul J.H. v. LumAppellate Division of the Supreme Court of the State of New York · 2002
- Murray v. Research Foundation of State University of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Dolgas v. WalesAppellate Division of the Supreme Court of the State of New York · 2023
2 more not listed; retrieve them via the Exa API.