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MILOSEVIC v. O'DONNELL

6150, 114612/09.

89 A.D.3d 628 (2011)

934 N.Y.S.2d 375

2011 NY Slip Op 8633

ZORAN MILOSEVIC, Appellant, v. OWEN O'DONNELL et al., Respondents, et al., Defendants.

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

Decided November 29, 2011.

The motion court properly dismissed the fourth and fifth causes of action as against Joost, alleging negligence and "intentional and/or wanton conduct" respectively. The causes of action fail to state a claim under the theory of respondeat superior. Pursuant to that doctrine, an employer will not be vicariously liable for its employee's alleged assault "where the assault was not within the scope of the employee's duties, and there...

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