The Appellate Division unanimously affirmed the granting of defendants' motion for summary judgment in this action where plaintiff alleges that she was assaulted by a receptionist employed by defendants in their medical office. The court properly concluded, as a matter of law, that the receptionist was not acting within the scope of her employment when she had a physical confrontation with plaintiff, because the conduct alleged by plaintiff was a significant departure from normal methods of performance of the job. Furthermore, defendants could not reasonably have anticipated the conduct, as the employee had worked for them for eight years and this was the first such encounter, and plaintiff was unable to cite any prior conduct that would have put defendants on notice that the receptionist had a propensity for violence. The Yelp reviews cited by plaintiff did not name the receptionist and made no reference to violent conduct.
Troy v. Fagelman, NY Slip Op 00246 (1st Dep't January 14, 2021)
