MAJTAN v. HOWARD D. JOHNSON CO.


168 A.D.2d 912 (1990)

John G. Majtan, Appellant, v. Howard D. Johnson Company et al., Respondents

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

December 21, 1990


Judgment unanimously reversed on the law with costs and motion denied.

Memorandum:

The court erred in granting defendants' motion for summary judgment because defendants failed to meet their burden of proving as a matter of law that the remarks made by their employee, a waitress, to a customer about plaintiff's sexual preference were outside the scope of her employment (see generally, Riviello v Waldron, 47 N.Y.2d 297

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