STEIN v. DOUGLAS ELLIMAN, LLC

3565, 115373/09.

149 A.D.3d 654 (2017)

2017 NY Slip Op 03262

50 N.Y.S.3d 875

MANDY STEIN, as Administrator of the Estate of LINDA STEIN, Deceased, Respondent-Appellant, v. DOUGLAS ELLIMAN, LLC, et al., Respondents, and AXION, LLC, Appellant-Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 27, 2017.


Axion is a "temp" agency whose employee, defendant Natavia Lowery, was placed as an assistant to plaintiff's deceased (Stein), a realtor working as an independent contractor for DE-LLC, a real estate agency. Lowery assaulted and murdered Stein after only three months of work as her assistant.

Dismissal of the complaint alleging, inter alia, negligent hiring, supervision and retention of Lowery, as against Axion is warranted...

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