Curtis v. City of Utica
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. Assuming, arguendo, that defendant was the employer of the summer camp group leader who assaulted the infant, it may not be held liable for his intentional tort 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 counselor’s employment and not in furtherance of defendant’s business (see, Joshua S. v…
2Cases cited6 opinions
- Riviello v. WaldronNew York Court of Appeals · 1979
- Detone v. Bullit Courier Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- 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
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lisa J. Girden v. Sandals International, David Titus, Sandals Group, Sandals Antigua, Andrew E. Holm, Ltd., and Dickenson Bay Hotel ManagementCourt of Appeals for the Second Circuit · 2001
- Paul J.H. v. LumAppellate Division of the Supreme Court of the State of New York · 2002
- Piniewski v. PanepintoAppellate Division of the Supreme Court of the State of New York · 1999
- Giangrasso v. Ass'n for the Help of Retarded ChildrenAppellate Division of the Supreme Court of the State of New York · 1997
- Curtis v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 1998
9 more not listed; retrieve them via the Exa API.