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ISLAND ASSOCIATED COOP., INC. v. HARTMANN

118 A.D.2d 830 (1986)

Island Associated Coop., Inc., Appellant, v. Edward J. Hartmann et al., Defendants, and Fram Corporation, Respondent

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

March 31, 1986

Order affirmed, with costs.

An employee of the defendant Fram Corporation (hereinafter Fram), the defendant Edward Hartmann, was caught removing inventory from the warehouse of the plaintiff, one of Fram's customers. The plaintiff's first cause of action against Fram is based on the doctrine of respondeat superior. Special Term correctly concluded that Hartmann did not act within the scope of his employment. Hartmann's actions were in no way "incidental to the furtherance...

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