DAY v. J. VLACHOS HELLENIC SERVICE STATION, INC.


2 A.D.3d 482 (2003)

767 N.Y.S.2d 893

WILLIAM P. DAY, Appellant, v. J. VLACHOS HELLENIC SERVICE STATION, INC., et al., Respondents, et al., Defendant.

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

December 8, 2003.


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

The Supreme Court properly granted summary judgment to the defendants J. Vlachos Hellenic Service Station, Inc., Jerry Vlachos, and Helen Vlachos (hereinafter the movants).

Assuming that the defendant Remo Zoni, the plaintiff's assailant, was an employee of the movants, a necessary element of a cause of action alleging negligent hiring is that "the employer knew or should have known of...

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