Palumbo v. Prenga

—Order, Supreme Court, Bronx County (Norman Ruiz, J.), entered January 17, 2002, which, to the extent appealed from, denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff was allegedly injured when she was struck by a car driven by defendant Prenga, the superintendent of the building owned by defendant-appellant Notre Dame Housing Development Fund Company. Plaintiff seeks to recover damages from Notre Dame Housing upon a respondeat superior theory. Although Notre Dame maintains that Prenga was not acting…