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WALLACE v. GOMEZ

296 A.D.2d 306 (2002)

745 N.Y.S.2d 16

BRUCE WALLACE, Respondent, v. RAMON GOMEZ, Also Known as RAMON GOMEZ, JR., Defendant, and 2962 DECATUR AVENUE OWNERS CORP., Appellant.

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

Decided July 2, 2002.

In this personal injury action, the motion court properly determined that there were triable issues of fact as to whether defendant Ramon Gomez, Jr. was an employee of Decatur at the time he assaulted the plaintiff and, if he was, whether Decatur was negligent in its hiring and supervision of him. However, the motion court erred when it found questions of fact as to whether Decatur was answerable for Mr. Gomez' actions on a respondeat...

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