HOROWITZ v. SEARS, ROEBUCK & CO., INC.


137 A.D.2d 492 (1988)

Cheskel Horowitz, Appellant, v. Sears, Roebuck and Co., Inc., Respondent

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

February 1, 1988


Ordered that the judgment is affirmed, with costs.

Although the plaintiff's allegations indicate he has suffered serious emotional trauma due to the defendant's employee's antisemitic remarks and his physical defacement of the plaintiff's appliances with swastikas, the judgment summarily dismissing his case was correct.

The law clearly holds employers liable in certain circumstances for the tortious acts of employees under a theory of respondeat superior,...

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