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LOPEZ v. KANCHERLA

1386, 310398/10.

140 A.D.3d 448 (2016)

31 N.Y.S.3d 870

2016 NY Slip Op 04347

ANNIE LOPEZ, as Administrator of the Estate of GERONIMO LOPEZ, JR., Deceased, Respondent, v. KUMAR KANCHERLA, Defendant, and K & K ASSETS, LLC, et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

Decided June 7, 2016.

Defendants' motion for summary judgment was properly denied in this action arising from third-party defendant Jannie Johnson's assault on plaintiff's decedent. Triable issues of fact exist concerning whether defendants, Johnson's putative employers, could be held either vicariously liable for her actions (see Riviello v Waldron, 47 N.Y.2d 297, 303-304 [1979]; Ramos v Jake Realty Co...

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