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BOONE v. M & G CARTING, LLC

7025, 118087/09.

93 A.D.3d 456 (2012)

939 N.Y.S.2d 699

2012 NY Slip Op 1739

CHARLES BOONE, Appellant, v. M & G CARTING, LLC, Respondent.

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

Decided March 8, 2012.

Plaintiff failed to allege facts that would establish that the alleged assault on him by defendant's employee was "within the scope of the employment" and was "generally foreseeable and a natural incident of the employment" (Judith M. v Sisters of Charity Hosp., 93 N.Y.2d 932, 933 [1999]; see e.g. White v Hampton Mgt. Co. L.L.C., 35 A.D.3d 243 [2006]; CPLR...

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