CURTIS v. CITY OF UTICA


209 A.D.2d 1024 (1994)

620 N.Y.S.2d 24

Lamont A. Curtis, an Infant, by Warren S. Curtis, His Father and Natural Guardian, et al., Respondents, v. City of Utica, Appellant

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

November 16, 1994


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint. Assuming, arguendo, that defendant was the employer of the summer camp group leader who assaulted the infant, it may not be held liable for his intentional tort because the record establishes as a matter of law that...

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