Sims v. Bergamo

Judgment unanimously reversed, with costs to the appellant, the complaint dismissed, and the clerk is directed to enter judgment in favor of the defendant dismissing the complaint, with costs. The evidence adduced failed to establish the fact or warrant the conclusion that the bartender was acting within the scope of his employment or in furtherance of his employer’s business in assaulting the plaintiff. Concur — Peek, P. J., Botein, Rabin and Frank, JJ.