TROY v. FAGELMAN

156460/15. Appeal No. 12873. Case No. 2019-5597.

190 A.D.3d 533 (2021)

135 N.Y.S.3d 841

2021 NY Slip Op 00243

Suzannah B. Troy, Appellant, v. Andrew Fagelman, M.D., et al, Respondents, et al., Defendants.

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

Decided January 14, 2021.


Attorney(s) appearing for the Case

Law Offices of Rosemarie Arnold, New York ( William R. Stoltz of counsel), for appellant.

Law Office of James Toomey, New York, ( Evy Kazansky of counsel), for Andrew Fagelman, M.D., respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kapnick, Singh, Mendez, JJ.


Defendants' motion for summary judgment was properly granted in this action where plaintiff alleges she was assaulted by a receptionist employed by defendants in their medical office. According to plaintiff, defendants were liable for the conduct of the receptionist based on the doctrine of respondeat superior and for the negligent hiring, retaining, training and supervision of the employee.

The court properly concluded...

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