FLOWERS v. NEW YORK CITY TRANSIT AUTHORITY


267 A.D.2d 132 (1999)

700 N.Y.S.2d 27

JAMES A. FLOWERS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided December 21, 1999.


No issue of fact is raised as to whether defendant's employee, a token booth clerk, was acting within the scope of his employment when he allegedly assaulted plaintiff in an effort to make him stop panhandling in front of the booth. The evidence clearly shows that the clerk was instructed and trained to deal with problems of this kind by activating an emergency communications system connecting the token booth with personnel in station command, from whom the clerk was to take...

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