Amendolara v. Macy's New York
| Decision Date | 02 July 1963 |
| Citation | 241 N.Y.S.2d 39,19 A.D.2d 702 |
| Parties | Joseph AMENDOLARA, an infant, by Dominick Amendolara, his Guardian ad Litem, and Dominick Amendolara, individually, Plaintiffs-Respondents-Appellants, v. MACY'S NEW YORK, Defendant-Appellant-Respondent, and John Ivan Charters, Defendant. |
| Court | New York Supreme Court — Appellate Division |
J. P. McGarry, New York City, for plaintiffs-respondents-appellants.
D. S. Konheim, New York City, for defendant-appellant-respondent.
Before BOTEIN, P. J., and BREITEL, McNALLY, STEVENS and BERGAN, JJ.
Judgment unanimously modified, on the law, to the extent of vacating the verdicts in favor of plaintiffs against defendant Macy's New York and of dismissing the second and fourth causes of action against said defendant, and the judgment, as so modified, is affirmed, with costs to said defendant. We find no evidence in the record from which a jury could reasonably infer negligence on the part of defendant Macy's New York in the hiring or supervision of Charters. It was under no duty to inquire into the possibility that Charters might have been convicted of crime in the past, and before the incident in question nothing transpired to alert it to the possibility that such an incident might occur.
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