MASON v. BEN ROY DAS, INC.


34 A.D.3d 768 (2006)

825 N.Y.S.2d 515

MARTIN MASON, Appellant, v. BEN ROY DAS, INC., et al., Respondents.

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

Decided November 28, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was assaulted by an employee of the defendant Ben Roy Das, Inc. (hereinafter BRD), the owner of a gas station.

Contrary to the plaintiff's contentions, the complaint failed to state a cause of action to recover damages for negligent hiring. There is no allegation in the complaint to indicate that BRD knew or should have known of a propensity on the part of its employee to commit the alleged...

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