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DONOHUE v. YOUNG

298 A.D.2d 354 (2002)

751 N.Y.S.2d 253

WALTER DONOHUE, Appellant, v. KENNETH YOUNG et al., Defendants, and CITY OF NEW YORK, Respondent.

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

Decided October 7, 2002.

Ordered that the order is affirmed, with costs.

The defendant City of New York established its entitlement to judgment as a matter of law by presenting sufficient evidence that the defendant Kenneth Young was not acting within the scope of his employment as a New York City firefighter when, while off-duty and attending to personal business, he stopped his personal vehicle on the Van Wyck Expressway to attend to a car fire in a separate lane of traffic (see Zuckerman...

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