Ferris v. S.L. Capital Corp.

Appellate Division of the Supreme Court of New York

Ferris v. S.L. Capital Corp.

289 A.D.2d 50, 734 N.Y.S.2d 36, 2001 N.Y. App. Div. LEXIS 11703

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

DecidedDecember 6, 2001

StatusPublished

This text of 289 A.D.2d 50 (Ferris v. S.L. Capital Corp.) 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

Ferris v. S.L. Capital Corp., 289 A.D.2d 50, 734 N.Y.S.2d 36, 2001 N.Y. App. Div. LEXIS 11703 (N.Y. Ct. App. 2001).

Pincite

Opinion

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered June 15, 2000, which granted defendants-respondents’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff alleges that following a minor traffic accident between the taxi cab in which he was a passenger and defendants’ bus, he got out of the cab, approached the window next to the driver’s seat, berated codefendant bus driver’s driving and returned to the cab, whereupon the bus driver got out of the bus, approached the cab and punched plaintiff in the face through the open cab window. The record establishes that there were no passengers on the bus. The motion court correctly held that such allegations fail to show that the bus driver was acting within the scope of his employment when he punched plaintiff, and that defendant bus owners therefore cannot be held liable on the theory of respondeat superior (see, Stavitz v City of New York, 98 AD2d 529, 531-532, citing Vargas v Correa, 416 F Supp 266, 272; compare, Adams v New York City Tr. Auth., 211 AD2d 285, 294-295, affd on other grounds 88 NY2d 116, with Smalls v New York City Tr. Auth., 264 AD2d 771). Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Wallach and Marlow, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered June 15, 2000, which granted defendants-respondents’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff alleges that following a minor traffic accident between the taxi cab in which he was a passenger and defendants’ bus, he got out of the cab, approached the window next to the driver’s seat, berated codefendant bus driver’s driving and returned to the cab, whereupon the bus driver got out of the bus, approached the cab and punched plaintiff in the face through the open cab window. The record establishes that there were no passengers on the bus. The motion court correctly held that such allegations fail to show that the bus driver was acting within the scope of his employment when he punched plaintiff, and that defendant bus owners therefore cannot be held liable on the theory of respondeat superior (see, Stavitz v City of New York, 98 AD2d 529, 531-532, citing Vargas v Correa, 416 F Supp 266, 272; compare, Adams v New York City Tr. Auth., 211 AD2d 285, 294-295, affd on other grounds 88 NY2d 116, with Smalls v New York City Tr. Auth., 264 AD2d 771). Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Wallach and Marlow, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

289 A.D.2d 50, 734 N.Y.S.2d 36, 2001 N.Y. App. Div. LEXIS 11703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferris-v-sl-capital-corp-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack