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GIANGRASSO v. ASS'N FOR THE HELP OF RETARDED CHILDREN

243 A.D.2d 680 (1997)

664 N.Y.S.2d 569

Lucille Giangrasso as Conservator for Annette D. Giangrasso, Respondent, v. Association for the Help of Retarded Children, Defendant, and Town Transport Bus Co., Appellant

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

October 27, 1997

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendant Town Bus Corp. s/h/a Town Transport Bus Co. (hereinafter Town Bus) cannot be held vicariously liable for the intentional tort committed by its employee bus driver, since the employee's acts were wholly personal in nature, fell outside the scope of his employment, and were not in furtherance of Town Bus's business (see generally, Riviello v Waldron,

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