Rudder v. City of New York

Appellate Division of the Supreme Court of New York

Rudder v. City of New York

254 A.D.2d 115, 678 N.Y.S.2d 627, 1998 N.Y. App. Div. LEXIS 10830

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1998·Published

Opinion

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered May 14, 1997, which granted defendant City of New York’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

[116] The IAS Court properly determined that defendant City of New York could not be held to answer under a respondeat superior theory for the actions of its employee, Scott V. Thompson, a police officer. At the time of the accident alleged to have resulted in the decedent’s death, Thompson, then on his day off, was, despite the suspension of his operator’s license, driving the uninsured, unregistered and uninspected vehicle of a co-officer, to the office of the Police Surgeon for an unscheduled visit. Given this set of circumstances, the IAS Court correctly held that Thompson had not during the relevant time frame been acting in the course of his employment (see, Overton v Ebert, 180 AD2d 955, lv denied 80 NY2d 751).

We have considered appellants’ remaining arguments and find them to be unpersuasive. Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered May 14, 1997, which granted defendant City of New York’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

[116] The IAS Court properly determined that defendant City of New York could not be held to answer under a respondeat superior theory for the actions of its employee, Scott V. Thompson, a police officer. At the time of the accident alleged to have resulted in the decedent’s death, Thompson, then on his day off, was, despite the suspension of his operator’s license, driving the uninsured, unregistered and uninspected vehicle of a co-officer, to the office of the Police Surgeon for an unscheduled visit. Given this set of circumstances, the IAS Court correctly held that Thompson had not during the relevant time frame been acting in the course of his employment (see, Overton v Ebert, 180 AD2d 955, lv denied 80 NY2d 751).

We have considered appellants’ remaining arguments and find them to be unpersuasive. Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

Rudder v. City of New York, 254 A.D.2d 115, 678 N.Y.S.2d 627, 1998 N.Y. App. Div. LEXIS 10830 (N.Y. Ct. App. 1998).

Pincite

254 A.D.2d 115 (Rudder v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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