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DESTINY S. v. JOHN QUINCY ADAMS ELEMENTARY SCH.

2011-07753.

98 A.D.3d 1102 (2012)

951 N.Y.S.2d 217

2012 NY Slip Op 6289

DESTINY S. et al., Respondents, v. JOHN QUINCY ADAMS ELEMENTARY SCHOOL et al., Appellants, and LEONARD SUPERTY, Respondent.

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

September 26, 2012.

Ordered that the order is affirmed, with one bill of costs to the plaintiffs-respondents and the defendant-respondent appearing separately and filing separate briefs.

Although an employer cannot be held vicariously liable "for torts committed by an employee who is acting solely for personal motives unrelated to the furtherance of the employer's business" (Fernandez v Rustic Inn, Inc., 60 A.D.3d 893, 896 [2009]; see Judith...

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