A necessary element of the cause of action is that the employer knew or should have known of the employee's propensity for the conduct which caused the injury. There is no common-law duty to institute specific procedures for hiring employees unless the employer knows of facts that would lead a reasonably prudent person to investigate the prospective employee.
KM v. Fencers Club, Inc., NY Slip Op 05923 (2d Dep't August 29, 2018)
Here is the decision.
