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Avent v. Headley

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1998
252 A.D.2d 565 (N.Y. App. Div. 1998)

Opinion

July 27, 1998

Appeal from the Supreme Court, Kings County (Jackson, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that there were no issues of fact with respect to whether the defendant Catholic Medical Center of Brooklyn and Queens, St. Mary's Hospital Division (hereinafter the Hospital) was vicariously liable for the acts committed by its employee (see, Mataxas v. North Shore Univ. Hosp., 211 A.D.2d 762; Kirkman v. Astoria Gen. Hosp., 204 A.D.2d 401; Heindel v. Bowery Sav. Bank, 138 A.D.2d 787). In addition, even though an employer can be held liable under a theory of negligent supervision where it cannot be held vicariously liable, there was no evidence submitted by the plaintiff to establish that the Hospital was aware or should have been aware of the employee's propensity for the conduct which allegedly caused the plaintiffs injury (see, Kenneth R. v. Roman Catholic Diocese, 229 A.D.2d 159, cert denied ___ U.S. ___, 118 S Ct 413; Mataxas v. North Shore Univ. Hosp., supra; Kirkman v. Astoria Gen. Hosp., supra).

Bracken, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.


Summaries of

Avent v. Headley

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1998
252 A.D.2d 565 (N.Y. App. Div. 1998)
Case details for

Avent v. Headley

Case Details

Full title:MONIQUE AVENT, Appellant, v. GOLDBURN HEADLEY, Defendant, and CATHOLIC…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 27, 1998

Citations

252 A.D.2d 565 (N.Y. App. Div. 1998)
675 N.Y.S.2d 297

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