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Sims v. Bergamo

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1957
3 A.D.2d 658 (N.Y. App. Div. 1957)

Opinion

January 29, 1957


Judgment unanimously reversed, with costs to the appellant, the complaint dismissed, and the clerk is directed to enter judgment in favor of the defendant dismissing the complaint, with costs. The evidence adduced failed to establish the fact or warrant the conclusion that the bartender was acting within the scope of his employment or in furtherance of his employer's business in assaulting the plaintiff.

Concur — Peck, P.J., Botein, Rabin and Frank, JJ.


Summaries of

Sims v. Bergamo

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1957
3 A.D.2d 658 (N.Y. App. Div. 1957)
Case details for

Sims v. Bergamo

Case Details

Full title:FERN SIMS, Respondent, v. JAMES BERGAMO, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 29, 1957

Citations

3 A.D.2d 658 (N.Y. App. Div. 1957)