ANDERSEN v. PLUMBING


246 A.D.2d 475 (1998)

667 N.Y.S.2d 248

Margaret Andersen, Appellant-Respondent, v. Suska Plumbing, Respondent-Appellant, et al., Defendants

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

January 27, 1998


The motion court properly denied defendant Suska Plumbing's motion for summary judgment to dismiss the negligent hiring claim, since there were numerous issues of fact concerning whether Suska breached a duty to plaintiff by failing to check references, whether a check of references would have created a duty of further inquiry or supervision, and as to whether the attack on plaintiff by Suska's employee was foreseeable (see, Brandt v Elghanayan,

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