GLOVER v. AUGUSTINE


38 A.D.3d 364 (2007)

832 N.Y.S.2d 184

CARMELA GLOVER, Respondent, v. GEORGE AUGUSTINE, Defendant, and PONTE EQUITIES, INC., et al., Appellants. CARMELA GLOVER, Appellant, v. GEORGE AUGUSTINE, Defendant, and PONTE EQUITIES, INC., et al., Respondents.

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

Decided March 20, 2007.


Inasmuch as the evidence of record shows that defendants-appellants employed defendant Augustine as an elevator operator without conducting a background check, even though they were aware that he had been convicted of a felony, a triable issue is raised as to whether Augustine was negligently hired. Indeed, a routine check would have revealed that Augustine had a lengthy criminal record, including convictions for sexual abuse in the first degree, and that he was a registered...

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