Plaintiff, a patron at a real estate brokerage, alleged that he was the victim of a battery committed by defendant Wray, a salesperson associated with the broker. Plaintiff seeks to hold the brokerage firm vicariously liable for the attack on the ground that Neary was Wray's employer. In another case involving a broker's relationship to salespersons, the Court of Appeals held that a determination that an employer-employee relationship exists must rest upon evidence that the...
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