Brancato v. Dee & Dee Purchasing, Inc.
Cases that cite this one
9 later published cases cite this decision.
- Carnegie v. J.P. Phillips, Inc. (Appellate Division of the Supreme Court of New York 2006)
- White v. Alkoutayni (Appellate Division of the Supreme Court of New York 2005)
- Tangorre v. Bratt (District Court, N.D. New York 2024)
- DeJesus v. DeJesus (Appellate Division of the Supreme Court of New York 2015)
- Evans v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2012)
- McArthur v. J.M. Main Street, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Schuhmann v. McBride (Appellate Division of the Supreme Court of New York 2005)
- Day v. J. Vlachos Hellenic Service Station, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Oliva v. City of New York (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the defendants Dee and Dee Purchasing, Inc., doing business as Dee and Dee Stores, Inc., and Robert J. Dweck and Albert Dweck, doing business as Dee and Dee Stores appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Barron, J.), dated May 17, 2001, as denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed insofar as asserted against the defendants Dee and Dee Purchasing, Inc., doing business as Dee and Dee Stores, Inc., and Robert J. Dweck and Albert Dweck, doing business as Dee and Dee Stores, and the action against the remaining defendant is severed.
The Supreme Court improperly denied the cross motion of
Here, the plaintiff, a police officer, was injured when he was struck by the defendant Edward Mora, an employee of the Dee and Dee defendants. Mora’s actions in striking the plaintiff were not incidental to the furtherance of the Dee and Dee defendants’ business interests and fell outside the scope of Mora’s employment. Moreover, Mora’s intentional conduct could not have reasonably been expected by his employer (see Vega v Northland Mktg. Corp., supra).
The Supreme Court similarly should have dismissed the plaintiffs claim that the Dee and Dee defendants negligently hired Mora. A necessary element of a cause of action for negligent hiring is that “the employer knew or should have known of the employee’s propensity for the conduct which caused the injury” (Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d 159, 161). In this case, there is no evidence that the defendants had any such knowledge. Goldstein, J.P., McGinity, Adams and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.