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ZAHN v. ANGLIM

265 A.D.2d 215 (1999)

696 N.Y.S.2d 149

PHILIP ZAHN, Appellant, v. WALTER J. ANGLIM et al., Defendants, and UNITED PILOTS, INC., et al., Respondents.

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

Decided October 19, 1999.

We agree with the motion court that even if defendant Anglim were considered an employee of defendant United Pilots, United Pilots would still not be answerable under the doctrine of respondeat superior for the conduct of Anglim about which plaintiff complains since Anglim was not acting within the scope of his employment when he struck plaintiff with his vehicle after leaving a social event (see, Lundberg v State of New York...

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