START v. SUGARCREEK STORES, INC.


234 A.D.2d 933 (1996)

652 N.Y.S.2d 193

Kathleen Start, Respondent, et al., Plaintiff, v. Sugarcreek Stores, Inc., Appellant, et al., Defendant

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

December 30, 1996


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. Plaintiff Kathleen Start was injured in an unprovoked attack by defendant's employee. Although an employer may be liable when it hires or retains an employee with knowledge of his propensity for the type of behavior that caused plaintiff's injuries, defendant...

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