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

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

DecidedOctober 15, 1998

StatusPublished

This text of 254 A.D.2d 115 (Rudder v. City of New York) 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

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).

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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]*116The 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]*116The 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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Bluebook (online)

254 A.D.2d 115, 678 N.Y.S.2d 627, 1998 N.Y. App. Div. LEXIS 10830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rudder-v-city-of-new-york-nyappdiv-1998.

Opinion

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