The complaint must be premised upon the breach of a duty owed to the plaintiff which either unreasonably endangers the plaintiff's physical safety or causes the plaintiff to fear for his own safety. Here, the plaintiff seeks to hold the defendant vicariously liable its employee's conduct, and the complaint only alleges intentional conduct by the employee. Therefore, there is no basis for a cause of action sounding in negligence. The claim is dismissed.
Aklipi v. American Med. Alert Corp., NY Slip Op 02483 (2d Dep't May 10, 2023)
