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DONITZ v. MUI

247 A.D.2d 508 (1998)

669 N.Y.S.2d 326

Laurie Donitz, Appellant, v. Kin S. Mui et al., Respondents

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

February 17, 1998

Ordered that the order is affirmed, with costs.

Generally, a worker traveling to and from work is not acting within the scope of employment because the element of control by the employer is lacking (see, Lundberg v State of New York, 25 N.Y.2d 467, 470; Hawkins v Newman, 177 A.D.2d 683). The plaintiff has failed to establish the existence of any triable issue of fact as to...

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