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VEGA v. NORTHLAND MARKETING CORP.

289 A.D.2d 565 (2001)

735 N.Y.S.2d 213

KATHERINE VEGA, Appellant, v. NORTHLAND MARKETING CORP., Doing Business as CITGO, Respondent, et al., Defendant.

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

Decided December 31, 2001.

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

The Supreme Court properly granted the cross motion of the defendant Northland Marketing Corp., d/b/a Citgo (hereinafter Citgo), for summary judgment. An employer is vicariously liable for the torts of its employee, even when the employee's actions are intentional, if the actions were done while the employee was acting within the scope of his or her employment (see, Riviello v Waldron,

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