Evans v. City of Mount Vernon
Cases that cite this one
13 later published cases cite this decision.
- Gui Ying Shi v. McDonald's Corp. (Appellate Division of the Supreme Court of New York 2013)
- Gui Ying Shi v. McDonald's Corp. (Appellate Division of the Supreme Court of New York 2013)
- Darbeau v. 136 W. 3rd St., LLC (Appellate Division of the Supreme Court of New York 2024)
- Nickey v. City of Mt. Vernon (Appellate Division of the Supreme Court of New York 2024)
- Guarino v. ProHEALTH Care Assoc., LLP (Appellate Division of the Supreme Court of New York 2023)
- Barton v. City of New York (Appellate Division of the Supreme Court of New York 2020)
- Ramirez v. Brentwood Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2018)
- Hoffman v. Verizon Wireless, Inc. (Appellate Division of the Supreme Court of New York 2015)
- DeJesus v. DeJesus (Appellate Division of the Supreme Court of New York 2015)
- Selmani v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Selmani v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Nerey v. Greenpoint Mortgage Funding, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Nerey v. Greenpoint Mortgage Funding, Inc. (Appellate Division of the Supreme Court of New York 2014)
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
An employer is vicariously liable for the acts of its employee committed within the scope of employment and in furtherance of the employer’s business (see Fernandez v Rustic Inn, Inc., 60 AD3d 893 [2009]; Schuhmann v McBride, 23 AD3d 542 [2005]; Brancato v Dee & Dee Purch., 296 AD2d 518 [2002]; Vega v Northland Mktg. Corp., 289 AD2d 565, 566 [2001]). The municipal defendants established their prima facie entitlement to judgment as a matter of law as to the vicarious liability cause of action by showing that Valdes’s conduct in pushing the plaintiff was not within the scope of his employment. In opposition, the plaintiff failed to raise a triable issue of fact (see Schuhmann v McBride, 23 AD3d 542 [2005]; Vega v Northland Mktg. Corp., 289 AD2d at 566).
To establish a cause of action based on negligent hiring and supervision, it must be shown that the employer knew or should have known of the employee’s propensity for the conduct which caused the injury (see Jackson v New York Univ. Downtown Hosp., 69 AD3d 801 [2010]; Carnegie v J.P. Phillips, Inc., 28 AD3d 599, 600 [2006]). The municipal defendants established their prima facie entitlement to judgment as a matter of law as to the negligent hiring and supervision cause of action by showing that they were not on notice that Valdes allegedly had violent propensities (see Jackson v New York Univ. Downtown Hosp., 69 AD3d 801 [2010]; Carnegie v J.P. Phillips, Inc., 28 AD3d at 600). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324-325 [1986]; Jackson v New York Univ. Downtown Hosp., 69
Accordingly, the Supreme Court properly granted the motion of the municipal defendants for summary judgment dismissing the complaint insofar as asserted against them and denied that branch of the plaintiff’s motion which was for leave to renew. Balkin, J.E, Dickerson, Belen and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.