FEIN v. COOK

4478, 110902/10.

153 A.D.3d 1168 (2017)

2017 NY Slip Op 06603

61 N.Y.S.3d 10

RANDALL FEIN, Appellant, v. NEIL L. COOK, Defendant, and ASPHALT GREEN, INC., Respondent.

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

Decided September 26, 2017.


Decedent died from injuries sustained when, while in the middle of a crosswalk in Central Park, he was struck by a bike ridden by defendant Neil Cook, a bicyclist and coach employed by AGI, which operates, among other things, a fitness facility on the Upper East Side.

The motion court correctly determined that AGI could not be held vicariously liable for Cook's alleged negligence, as Cook was acting outside the scope of his employment. At the time of the accident...

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