McGhee v. New York Times, Inc.

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about September 22, 1997, which granted defendants’ motion for summary judgment dismissing the complaints, unanimously affirmed, without costs.

Plaintiff was allegedly assaulted, after a traffic accident, by a truck driver, who was employed by defendant New York Times as a deliveryman. The assault was outside the scope of the driver’s employment, and accordingly the Times cannot be held liable for plaintiff’s injuries caused by the assault (Adams v New York City Tr. Auth., 88 NY2d 116; Kwak v Wolfenson, 258 AD2d 418;…