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MONTAUBAN v. HAITIAN TRANSFER EXPRESS CO., INC.

128 A.D.2d 595 (1987)

Raymonde Montauban, Individually and as Administratrix of The Estate of Jacques L. Montauban, Deceased, Appellant, v. Haitian Transfer Express Co., Inc., Defendant, and Epic Protection and Intelligence System, Ltd., Respondent

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

March 9, 1987

Ordered that the order is affirmed insofar as appealed from, with costs.

The papers submitted by the parties on the plaintiff's motion for summary judgment clearly show the existence of an issue of fact as to whether the employee of the defendant Epic Protection and Intelligence System, Ltd., was acting within the scope of his employment when he shot and killed the plaintiff's decedent (see, Riviello v Waldron...

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