Sims v. Bergamo

Appellate Division of the Supreme Court of New York

Sims v. Bergamo

3 A.D.2d 658, 158 N.Y.S.2d 1008, 1957 N.Y. App. Div. LEXIS 6566

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

DecidedJanuary 29, 1957

StatusPublished

This text of 3 A.D.2d 658 (Sims v. Bergamo) 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

Sims v. Bergamo, 3 A.D.2d 658, 158 N.Y.S.2d 1008, 1957 N.Y. App. Div. LEXIS 6566 (N.Y. Ct. App. 1957).

Pincite

Opinion

Judgment unanimously reversed, with costs to the appellant, the complaint dismissed, and the clerk is directed to enter judgment in favor of the defendant dismissing the complaint, with costs. The evidence adduced failed to establish the fact or warrant the conclusion that the bartender was acting within the scope of his employment or in furtherance of his employer’s business in assaulting the plaintiff. Concur — Peek, P. J., Botein, Rabin and Frank, JJ.

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Judgment unanimously reversed, with costs to the appellant, the complaint dismissed, and the clerk is directed to enter judgment in favor of the defendant dismissing the complaint, with costs. The evidence adduced failed to establish the fact or warrant the conclusion that the bartender was acting within the scope of his employment or in furtherance of his employer’s business in assaulting the plaintiff. Concur — Peek, P. J., Botein, Rabin and Frank, JJ.

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Bluebook (online)

3 A.D.2d 658, 158 N.Y.S.2d 1008, 1957 N.Y. App. Div. LEXIS 6566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-bergamo-nyappdiv-1957.