Lassen v. Dunkin' Donuts Inc.

Appellate Division of the Supreme Court of New York

Lassen v. Dunkin' Donuts Inc.

90 A.D.3d 537, 937 N.Y.2d 580

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

DecidedDecember 20, 2011

StatusPublished

This text of 90 A.D.3d 537 (Lassen v. Dunkin' Donuts Inc.) 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

Lassen v. Dunkin' Donuts Inc., 90 A.D.3d 537, 937 N.Y.2d 580 (N.Y. Ct. App. 2011).

Pincite

Opinion

Plaintiff seeks damages for injuries he sustained when he was struck by a motor vehicle operated by an employee of defendants’ franchisees. Plaintiffs theory of the case is vicarious liability based on agency. However, the pleadings allege no facts to substantiate the assertion that the motor vehicle operator was defendants’ agent (CPLR 3211 [a] [7]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, PJ., Mazzarelli, Andrias, Sweeny and Román, JJ.

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Plaintiff seeks damages for injuries he sustained when he was struck by a motor vehicle operated by an employee of defendants’ franchisees. Plaintiffs theory of the case is vicarious liability based on agency. However, the pleadings allege no facts to substantiate the assertion that the motor vehicle operator was defendants’ agent (CPLR 3211 [a] [7]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, PJ., Mazzarelli, Andrias, Sweeny and Román, JJ.

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Bluebook (online)

90 A.D.3d 537, 937 N.Y.2d 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lassen-v-dunkin-donuts-inc-nyappdiv-2011.