Lopez v. Kancherla

Appellate Division of the Supreme Court of New York

Lopez v. Kancherla

140 A.D.3d 448, 31 N.Y.S.3d 870

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

DecidedJune 7, 2016

Docket1386 310398/10

StatusPublished

This text of 140 A.D.3d 448 (Lopez v. Kancherla) 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

Lopez v. Kancherla, 140 A.D.3d 448, 31 N.Y.S.3d 870 (N.Y. Ct. App. 2016).

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Opinion

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered September 21, 2015, which, insofar as appealed from, denied the motion of defendants K & K Assets, LLC and Manchester Property Group, LLC for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants’ motion for summary judgment was properly denied in this action arising from third-party defendant Jannie Johnson’s assault on plaintiff’s decedent. Triable issues of fact exist concerning whether defendants, Johnson’s putative employers, could be held either vicariously liable for her actions (see Riviello v Waldron, 47 NY2d 297, 303-304 [1979]; Ramos v Jake Realty Co., 21 AD3d 744 [1st Dept 2005]), or liable for negligently hiring and retaining Johnson (see Haddock v City of New York, 140 AD2d 91, 94 [1st Dept 1988], affd 75 NY2d 478 [1990]). Specifically, the submitted evidence presents questions as to whether Johnson was defendants’ building superintendent or otherwise an employee, and whether defendants knew or should of known of her violent propensities, at least shortly after she was purportedly hired (see T.W. v City of New York, 286 AD2d 243 [1st Dept 2001]).

Concur — Tom, J.P., Sweeny, Moskowitz, Richter and Gesmer, JJ.

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Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered September 21, 2015, which, insofar as appealed from, denied the motion of defendants K & K Assets, LLC and Manchester Property Group, LLC for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants’ motion for summary judgment was properly denied in this action arising from third-party defendant Jannie Johnson’s assault on plaintiff’s decedent. Triable issues of fact exist concerning whether defendants, Johnson’s putative employers, could be held either vicariously liable for her actions (see Riviello v Waldron, 47 NY2d 297, 303-304 [1979]; Ramos v Jake Realty Co., 21 AD3d 744 [1st Dept 2005]), or liable for negligently hiring and retaining Johnson (see Haddock v City of New York, 140 AD2d 91, 94 [1st Dept 1988], affd 75 NY2d 478 [1990]). Specifically, the submitted evidence presents questions as to whether Johnson was defendants’ building superintendent or otherwise an employee, and whether defendants knew or should of known of her violent propensities, at least shortly after she was purportedly hired (see T.W. v City of New York, 286 AD2d 243 [1st Dept 2001]).

Concur — Tom, J.P., Sweeny, Moskowitz, Richter and Gesmer, JJ.

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Bluebook (online)

140 A.D.3d 448, 31 N.Y.S.3d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-kancherla-nyappdiv-2016.

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