Opinion
October 27, 1997
Appeals from Supreme Court, Suffolk County (Oshrin, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that the defendant Town Bus Corp. s/h/a Town Transport Bus Co. (hereinafter Town Bus) cannot be held vicariously liable for the intentional tort committed by its employee bus driver, since the employee's acts were wholly personal in nature, fell outside the scope of his employment, and were not in furtherance of Town Bus's business ( see generally, Riviello v. Waldron, 47 N.Y.2d 297; Curtis v. City of Utica, 209 A.D.2d 1024; Kirkman v. Astoria Gen. Hosp., 204 A.D.2d 401. However, the Supreme Court properly denied Town Bus's motion for summary judgment with regard to the issue of negligent hiring and retention, inasmuch as questions of fact exist as to the adequacy of the screening process by which Town Bus selected new employees and whether it took appropriate measures to evaluate the subject employee's fitness at the time of his hiring ( see, Pratt v. Ocean Med. Care, 236 A.D.2d 380).
Copertino, J.P., Sullivan, Friedmann and Luciano, JJ., concur.