Cassata v. Harold C. Brown & Co.

Appellate Division of the Supreme Court of New York

Cassata v. Harold C. Brown & Co.

195 A.D.2d 993, 602 N.Y.S.2d 569

Appellate Division of the Supreme Court of the State of New York·Decided July 16, 1993·Published

Opinion

Order unanimously affirmed without costs. Memorandum: Defendant Harold C. Brown & Co., Inc. (Brown) submitted evidentiary materials establishing that its employee, defendant Harvey, was not acting within the scope of his employment with Brown when he provided investment advice and solicited plaintiffs’ participation in a lease investment program. Plaintiffs failed to submit proof in admissible form to controvert that evidence. (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Summary Judgment.) Present—Denman, P. J., Balio, Lawton, Fallon and Davis, JJ.

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Order unanimously affirmed without costs. Memorandum: Defendant Harold C. Brown & Co., Inc. (Brown) submitted evidentiary materials establishing that its employee, defendant Harvey, was not acting within the scope of his employment with Brown when he provided investment advice and solicited plaintiffs’ participation in a lease investment program. Plaintiffs failed to submit proof in admissible form to controvert that evidence. (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Summary Judgment.) Present—Denman, P. J., Balio, Lawton, Fallon and Davis, JJ.

Cassata v. Harold C. Brown & Co., 195 A.D.2d 993, 602 N.Y.S.2d 569 (N.Y. Ct. App. 1993).

Pincite

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