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DAVIS v. CITY OF NEW YORK

226 A.D.2d 271 (1996)

641 N.Y.S.2d 275

Richard Davis, Respondent, v. City of New York, Appellant

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

April 25, 1996

Plaintiff relies on the doctrine of respondeat superior as the basis of his recovery against the defendant-appellant municipality. The rule is well settled that when a plaintiff invokes the doctrine of respondeat superior, the plaintiff has the burden of establishing by a fair preponderance of the credible evidence that the act complained of occurred while the defendant's employee was acting within the scope of his employment with...

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