Opinion
Argued May 20, 1999
June 21, 1999
In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Shaw, J.), dated April 27, 1998, as granted that branch of the cross motion of the defendants Park Terrace Arms Corporation and Marvin Gold Management Co., Inc., which was for summary judgment dismissing the causes of action in the complaint based upon the theory of respondeat superior.
Lawrence Rosman, New York, N.Y. (Victoria L. Saks of counsel), for appellant.
Wagner, Davis Gold, P.C., New York, N.Y. (Bonnie Reid Berkow of counsel), for respondents.
SONDRA MILLER, J.P., FRED T. SANTUCCI, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that there were no issues of fact with respect to whether the defendants Park Terrace Arms Corporation and Marvin Gold Management Co., Inc., were vicariously liable for the acts committed by their employee ( see, Kirkman v. Astoria Gen. Hosp., 204 A.D.2d 401, 403; Heindel v. Bowery Sav. Bank, 138 A.D.2d 787, 788; Horowitz v. Sears, Roebuck and Co., 137 A.D.2d 492).
Moreover, although the plaintiff maintains that a determination of that branch of the cross motion which was to dismiss the causes of action based on respondeat superior should have been delayed so as to allow additional time for discovery, the plaintiff's mere expressions of hope, conclusions, or unsubstantiated allegations were insufficient to defeat the cross motion for summary judgment to the extent it sought dismissal of the claims based on respondeat superior ( see, Mazzaferro v. Barterama Corp., 218 A.D.2d 643).