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OSTROY v. SIX SQ. LLC

8508, 114674/08.

100 A.D.3d 493 (2012)

953 N.Y.S.2d 590

2012 NY Slip Op 7759

ANDREW B. OSTROY, Individually, as Executor of ADRIENNE LEVINE, Deceased, and as Parent and Natural Guardian of SOPHIE OSTROY, an Infant, Appellant, v. SIX SQUARE LLC et al., Respondents. (And a Third-Party Action.).

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

November 15, 2012.

Defendants Bradford General Contractors Co. Inc. and Hernandez cannot be held vicariously liable pursuant to the doctrine of respondeat superior for third-party defendant Pillco's criminal conduct because the record demonstrates as a matter of law that the undocumented immigrant's murder of plaintiff's decedent was not "within the permissible ambit of [his] employment" (see Riviello v Waldron, 47 N.Y.2d 297, 303 [1979]). Rather than...

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