VILLONGCO v. TOMPKINS SQ. BAGELS

5097, 153093/14.

155 A.D.3d 589 (2017)

63 N.Y.S.3d 855

2017 NY Slip Op 08452

EDGAR VILLONGCO, Appellant, v. TOMPKINS SQUARE BAGELS et al., Respondents, et al., Defendants.

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

Decided November 30, 2017.


Summary judgment was properly granted in this action for personal injuries sustained when defendant restaurant's employee (defendant Bershadsky) followed plaintiff customer outside the restaurant and punched him in the face. Bershadsky clearly acted beyond the scope of his employment, and was motivate by private concerns not related to any conduct in furtherance of defendant's business, and thus defendant is not liable under the doctrine of respondeat superior (see Conde...

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