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CRUZ v. DALMIDA

3999A. 3999.

151 A.D.3d 563 (2017)

2017 NY Slip Op 04898

54 N.Y.S.3d 279

JUAN CARLOS RODRIGUEZ DE LA CRUZ, Respondent, v. EUGENE K. DALMIDA et al., Appellants.

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

Decided June 15, 2017.

Defendant Eugene K. Dalmida, an employee of Verizon, was using its van with permission and within the scope of his employment when the accident occurred. Verizon's vicarious liability in light of those admitted facts renders plaintiff's cause of action for negligent entrustment academic, and subject to dismissal (see Karoon v New York City Tr. Auth., 241 A.D.2d 323 [1st Dept 1997]). Plaintiff...

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