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,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.