ELLISON v. TOWN OF HEMPSTEAD


278 A.D.2d 194 (2000)

716 N.Y.S.2d 606

THOMAS ELLISON, Respondent, v. TOWN OF HEMPSTEAD, Appellant, et al., Defendants.

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

Decided December 4, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

"As a general rule, employers are held vicariously liable for their employees' torts only to the extent that the underlying acts were within the scope of the employment" (Adams v New York City Tr. Auth., 88 N.Y.2d 116, 119). Contrary to the contentions of the defendant Town of Hempstead (hereinafter the Town), the plaintiff raised triable issues of fact...

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