Legal Opinion
Nicollette T. v. Hospital for Joint Diseases/Orthopaedic Institute
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1993PublishedCited by 20 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Helen Freedman, J.), entered on or about April 7, 1993, which granted defendant’s motion for summary judgment dismissing the complaint without prejudice to repleading claims for negligent hiring and for improper supervision, unanimously affirmed, without costs.
While questions of whether an employee’s actions fall within the scope of his employment are ordinarily questions of fact for a jury, where there are no disputed facts and there is no question that the employee’s acts fall outside the scope of his employment, as here, the determination becomes one…
2Cases cited5 opinions
- Riviello v. WaldronNew York Court of Appeals · 1979
- Stavitz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Cornell v. StateNew York Court of Appeals · 1979
- Heindel v. Bowery Savings BankAppellate Division of the Supreme Court of the State of New York · 1988
- Horowitz v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1988
3Cited by20 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
- Demas v. LevitskyAppellate Division of the Supreme Court of the State of New York · 2002
- Kirkman v. Astoria General HospitalAppellate Division of the Supreme Court of the State of New York · 1994
- Mary KK. v. Jack LL.Appellate Division of the Supreme Court of the State of New York · 1994
- N. X. v. Cabrini Medical CenterAppellate Division of the Supreme Court of the State of New York · 2001
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