KULL v. CITY OF NEW YORK


40 A.D.2d 829 (1972)

Jean A. Kull et al., Appellants, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1972


Judgment affirmed, with costs.

The issue here was whether the defendant city could be held liable under respondeat superior for the negligence of one of its employees. The employee, a policeman in defendant's Police Department for two years, testified for plaintiffs that on the day of the accident his tour of duty was from 4:00 P.M. to midnight. The infant plaintiff and his mother came to his house in the early afternoon. He had just finished shaving and was...

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