T. v. HOSP. FOR JOINT DISEASES/ORTHOPAEDIC INST.


198 A.D.2d 54 (1993)

603 N.Y.S.2d 146

Nicollette T. et al., Appellants, v. Hospital for Joint Diseases/Orthopaedic Institute, Respondent

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

November 9, 1993


While questions of whether an employee's actions fall within the scope of his employment are ordinarily questions of fact for a jury, where there are no disputed facts and there is no question that the employee's acts fall outside the scope of his employment, as here, the determination becomes one of law for the court and not one of fact for the jury (see, e.g., Horowitz v Sears, Roebuck & Co., 137 A.D.2d 492, lv denied...

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