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GOMEZ v. CITY OF NEW YORK

304 A.D.2d 374 (2003)

758 N.Y.S.2d 298

ANA GOMEZ, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided April 10, 2003.

The complaint against the moving defendants alleges that they negligently hired and/or retained in their service the individual defendant, who is alleged to have raped plaintiff. However, recovery on a negligent hiring and retention theory requires a showing that the employer was on notice of the relevant tortious propensities of the wrongdoing employee (see Detone v Bullit Courier Serv., 140 A.D...

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