Bracco v. Arro Sportswear Co.

Appellate Division of the Supreme Court of New York

Bracco v. Arro Sportswear Co.

2 A.D.2d 885, 155 N.Y.S.2d 856, 1956 N.Y. App. Div. LEXIS 3726

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 27, 1956

StatusPublished

Cited by1 cases

This text of 2 A.D.2d 885 (Bracco v. Arro Sportswear Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bracco v. Arro Sportswear Co., 2 A.D.2d 885, 155 N.Y.S.2d 856, 1956 N.Y. App. Div. LEXIS 3726 (N.Y. Ct. App. 1956).

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Opinion

Considering all of the evidence in the light most favorable to plaintiff and giving him the benefit of every inference which reasonably may be drawn therefrom, it may not be said that the assault by defendant’s employee was committed within the scope of employment or in furtherance of defendant’s business, either as a benefit or an intended benefit thereto (Oneta v. Tocci Co., 271 App. Div. 681, affd. 297 N. Y. 629). Judgment unanimously reversed, with costs to the appellant, the motion made by the defendant, at the close of the entire case, to dismiss the complaint for failure of proof granted, and judgment is directed to be entered in favor of defendant dismissing the complaint herein, with costs. Concur — Peek, P. J., Breitel, Cox, Frank and Bastow, JJ.

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Considering all of the evidence in the light most favorable to plaintiff and giving him the benefit of every inference which reasonably may be drawn therefrom, it may not be said that the assault by defendant’s employee was committed within the scope of employment or in furtherance of defendant’s business, either as a benefit or an intended benefit thereto (Oneta v. Tocci Co., 271 App. Div. 681, affd. 297 N. Y. 629). Judgment unanimously reversed, with costs to the appellant, the motion made by the defendant, at the close of the entire case, to dismiss the complaint for failure of proof granted, and judgment is directed to be entered in favor of defendant dismissing the complaint herein, with costs. Concur — Peek, P. J., Breitel, Cox, Frank and Bastow, JJ.

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Bluebook (online)

2 A.D.2d 885, 155 N.Y.S.2d 856, 1956 N.Y. App. Div. LEXIS 3726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bracco-v-arro-sportswear-co-nyappdiv-1956.

Opinion

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