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VICUNA v. EMPIRE TODAY, LLC

15120, 104830/08

128 A.D.3d 578 (2015)

10 N.Y.S.3d 52

2015 NY Slip Op 04403

JAVIER VICUNA, Respondent-Appellant, v. EMPIRE TODAY, LLC (A NORTHLAKE, ILLINOIS-BASED COMPANY), Appellants-Respondents, et al., Defendant.

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

Decided May 26, 2015.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered April 10, 2014, which, to the extent appealed from, granted the motion of defendants Empire Today, LLC (a Northlake, Illinois-based company) and Empire Today, LLC (a New York-based company) (collectively, Empire) for summary judgment dismissing the claim pursuant to respondeat superior, and denied their motion for summary judgment dismissing the negligent retention and supervision claim, unanimously modified...

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