Donitz v. Mui
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Posner, J.), dated February 5, 1997, which granted the motion by the defendant Con Edison for summary judgment dismissing the complaint and all cross claims insofar as asserted against it and denied her cross motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
Generally, a worker traveling to and from work is not acting within the scope of employment because the element of control by the employer is lacking (see,…
2Cases cited6 opinions
- Lundberg v. State of New YorkNew York Court of Appeals · 1969
- Vadala v. CarrollNew York Court of Appeals · 1983
- Vadala v. CarrollAppellate Division of the Supreme Court of the State of New York · 1982
- Zimmermann v. SpazianteAppellate Division of the Supreme Court of the State of New York · 1988
- Copeman v. MoranAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by7 opinions
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- Agostino v. Pennysaver Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Beres v. TerraneraAppellate Division of the Supreme Court of the State of New York · 2017
- Correa v. BaptisteAppellate Division of the Supreme Court of the State of New York · 2003
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