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ACOSTA-RODRIGUEZ v. CITY OF NEW YORK

3400, 22072/01, 20295/03.

77 A.D.3d 503 (2010)

909 N.Y.S.2d 712

JOEY ACOSTA-RODRIGUEZ et al., Appellants, v. CITY OF NEW YORK et al., Defendant. MARILYN ARCE, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 21, 2010.

Plaintiffs raised no triable issues of fact to contradict the evidence submitted by defendants that the sexual abuse of the infant plaintiffs by an employee of defendant Board of Education (BOE) was not committed in furtherance of school business and was done for personal reasons. Accordingly, defendants cannot be held liable under the theory of respondeat superior (see N.X. v Cabrini Med. Ctr., 97 N...

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