Fenster v. Ellis
| Decision Date | 30 March 2010 |
| Parties | Annie FENSTER, appellant, v. Keith ELLIS, et al., defendants, NASC, Inc., et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
71 A.D.3d 1079
Annie FENSTER, appellant,
v.
Keith ELLIS, et al., defendants,
NASC, Inc., et al., respondents.
Supreme Court, Appellate Division, Second Department, New York.
March 30, 2010.
Richard A. Bernsley, P.C., Goshen, N.Y., for appellant.
Jones Hirsch Connors & Bull P.C., New York, N.Y. (Peter S. Read of counsel), for respondents.
PETER B. SKELOS, J.P., ANITA R. FLORIO, L. PRISCILLA HALL, and LEONARD B. AUSTIN, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated January 7, 2009, as granted that branch of the motion of the defendants NASC, Inc., and North American Sports Camps which was for summary judgment dismissing the complaint insofar as asserted against them, and denied her cross motion for summary judgment on the issue of the liability of the defendant Keith Ellis and on the issue of the vicarious liability of the defendants NASC, Inc., and North American Sports Camps.
ORDERED that the order is modified, on the law (1) by deleting the provision thereof granting that branch of the motion of the defendants NASC, Inc., and North American Sports Camps which was for summary judgment dismissing the complaint insofar as asserted against them, and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof denying that branch of the plaintiff's cross motion which was for summary judgment on the issue of the liability of the defendant Keith Ellis, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff allegedly sustained injuries during an automobile accident. The plaintiff alleged that she was driving her vehicle in a northerly direction when a vehicle operated by the defendant Keith Ellis, which had been stopped in the southbound lane, made a sudden left turn to enter a shopping center, and struck her vehicle. As a result, the plaintiff commenced this action against, among others, Keith Ellis and his alleged employers
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Aryai v. Forfeiture Support Assocs., LLC
...of his employer, or if his act may be reasonably said to be necessary or incidental to such employment.” Fenster v. Ellis, 71 A.D.3d 1079, 898 N.Y.S.2d 582, 584 (2d Dep't 2010) (citations omitted); see also Bello, 93 Fed.Appx. at 291 (“New York law holds that a defendant does not act within......
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Aryai v. Forfeiture Support Assocs., LLC
...the business of his employer, or if his act may be reasonably said to be necessary or incidental to such employment.” Fenster v. Ellis, 71 A.D.3d 1079, 898 N.Y.S.2d 582, 584 (2d Dep't 2010) (citations omitted); see also Bello, 93 Fed.Appx. at 291 (“New York law holds that a defendant does n......
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...or the means used to achieve the results. Control over the means is the more important consideration.” Fenster v. Ellis, 71 A.D.3d 1079, 1080, 898 N.Y.S.2d 582 (2d Dept 2010), quoting Abouzeid v. Grgas, 295 A.D.2d 376, 377, 743 N.Y.S.2d 165 (2d Dept 2002).Here, LMDC has produced evidence su......
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...trial of establishing that the imposition of vicarious liability on the County is proper, see generally Fenster v. Ellis, 71 A.D.3d 1079, 1081, 898 N.Y.S.2d 582 (N.Y.A.D. 2d Dep't 2010), the County appropriately relied on the absence of evidence that it had assumed any such liability. Crawf......