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OSVALDO D. v. RECTOR CHURCH WARDENS AND VESTRYMEN OF THE PARISH OF TRINITY CHURCH OF NEW YORK

38 A.D.3d 480 (2007)

834 N.Y.S.2d 94

OSVALDO D., Appellant, v. RECTOR CHURCH WARDENS AND VESTRYMEN OF THE PARISH OF TRINITY CHURCH OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided March 29, 2007.

Trinity Church was not liable under a theory of respondeat superior. Whether or not providing food from his own apartment was part of the employee's duties, the alleged sexual assault was clearly not in furtherance of the business of Trinity Church and was outside the scope of his employment (see N.X. v Cabrini Med. Ctr., 97 N.Y.2d 247, 251 [2002]).

Plaintiff failed to raise an issue of fact as to whether the employee was...

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