Stevens v. Lankard
| Decision Date | 30 October 1969 |
| Citation | 254 N.E.2d 339,306 N.Y.S.2d 257,25 N.Y.2d 640 |
| Parties | , 254 N.E.2d 339 Raymond STEVENS, an infant by his Guardian ad Litem, Laura Stevens, and Laura Stevens, Plaintiffs-Appellants, v. Joseph LANKARD, Defendant, and Fenthal Artist Materials Co., Inc., Respondent and John Wanamaker Philadelphia, Inc., Respondent and Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 31 A.D.2d 602, 297 N.Y.S.2d 686.
Baer & Marks, New York City ( George H. Colin, Matthew Rosen, New York City, of counsel), for plaintiffs-appellants.
Clune & O'Brien, Mineola (J. Russell Clune, James M. O'Brien, Richard O. Burns, Mineola, of counsel), for defendant-respondent-respondent, Fenthal Artist Materials Co., Inc.
Gurahian, Bein & Campbell, Scarsdale (John Nielsen, New York City, of counsel), for defendant-respondent-appellant, John Wanamaker Philadelphia, Inc. Infant, by his mother as guardian ad litem and mother brother action against department store, concessionaire, which operated an art supply and hobby counter in department store, and employee of concessionaire for injuries sustained by infant when concessionaire's employee allegedly performed an act of sodomy on the infant and for loss of services sustained by the infant's mother. The owner of the department store filed a cross-complaint against the concessionaire.
The infant, who was about 13 years of age, went to department store to purchase a football uniform. The salesman suggested that the infant go into nearby stockroom to try on football pants. Employee of concessionaire followed infant into stockroom to help him with lacing of pants. Employee of concessionaire kneeled down in front of infant and allegedly committed an act of sodomy. Employee of concessionaire was subsequently convicted on his plea of guilty to sodomy in the second degree.
On his conviction it was discovered that he had previously been convicted of sodomy in another state. There was no indication that any particular check was ever made on him. He told the manager of the concessionaire for buying and selling of merchandise in interview that he had some trouble with the law, but no investigation was made concerning the trouble.
He was under the immediate supervision of the manager of the concessionaire and was not supervised by owner of department store as to any details of work but only as to lunch hours and similar matters. The owner of the department store could refuse to permit a...
To continue reading
Request your trial
-
Focke v. United States
...investigation of an employee's background. In Stevens v. Lankard 31 App.Div.2d 602, 297 N.Y.S.2d 686 (1969), aff'd, 25 N.Y.2d 640, 254 N.E.2d 339, 306 N.Y.S.2d 257 (1969), the defendant hired a store clerk who had been previously convicted of sodomy. The employee subsequently committed an a......
-
Ponticas v. KMS Investments, C7-81-1026.
...Continental Co., 610 S.W.2d 109 (Mo.Ct. App.1980); Stevens v. Lankard, 31 A.D.2d 602, 297 N.Y.S.2d 686 (1968), aff'd 25 N.Y.2d 640, 306 N.Y.S.2d 257, 254 N.E.2d 339 (1969); Stone v. Hurst Lumber Co., 15 Utah 2d 49, 386 P.2d 910 (1963); Note, The Responsibilities, supra at 726; Comment, Negl......
-
Kenneth R. v. Roman Catholic Diocese of Brooklyn
... ... Gildin, 200 A.D.2d 224, 226-227, 613 N.Y.S.2d 139; Stevens v. Lankard, 31 A.D.2d 602, 297 N.Y.S.2d 686, affd. 25 N.Y.2d 640, 306 N.Y.S.2d 257, 254 N.E.2d 339; Amendolara v. Macy's N.Y., 19 A.D.2d 702, 241 ... ...
-
Booth v. Continental Ins. Co.
... ... City of New York, 36 N.Y.2d 973, 374 N.Y.S.2d 597, 337 N.E.2d 115 (1975); Stevens v. Lankard, 25 N.Y.2d 640, 306 N.Y.S.2d 257, 254 N.E.2d 339 (1969); Heindel v. Bowery Savings Bank, 138 A.D.2d 787, ... 525 N.Y.S.2d 428 (3rd ... ...
-
Negligent Hiring: the Dual Sting of Pre-employment Investigation
...negligent, recovery is barred if there is only a speculative but-for causation). [47] 31 App. Div. 2d 602, 297 N.Y.S.2d 686 (1968), affd, 25 N.Y.2d 640, 254 N.E.2d 339, 306 N.Y.S.2d 257 (1969). [48] Id. See also Detone v. Bullit Courier Service, Inc., 140 A.D.2d 278, 528 N.Y.S. 575 (1st Dep......