CURTIS v. COUNTY OF ONEIDA


248 A.D.2d 999 (1998)

669 N.Y.S.2d 997

Lamont Curtis, an Infant, by Warren S. Curtis, His Father and Natural Guardian, Respondent, v. County of Oneida, Appellant

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

March 13, 1998


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. Defendant is not liable for the intentional tort of its employee "because the record establishes as a matter of law that the acts constituting that tort were wholly personal in nature, outside the scope of the [employee's] employment and not in furtherance of...

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