January 18, 2022

Respondeat superior.

Plaintiff alleges that defendant's security guard sprayed him with a white powder, causing injuries to plaintiff. However, plaintiff fails to allege that the guard was acting within the scope of his duties for defendant, and, therefore, fails to state a cause of action against defendant.

Moroshkin v. Trinity Church, NY Slip Op 00254 (1st Dep't January 13, 2022)

Here is the decision.