Opinion
2012-03-8
Charles BOONE, Plaintiff–Appellant, v. M & G CARTING, LLC, etc., Defendant–Respondent.
Steven L. Barkan P.C., Melville (Steven L. Barkan of counsel), for appellant.
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered on or about October 26, 2010, which denied plaintiff's motion for a default judgment against defendant and directed entry of a judgment dismissing the action, unanimously affirmed, without costs.
Plaintiff failed to allege facts that would establish that the alleged assault on him by defendant's employee was “within the scope of the employment” and was “generally foreseeable and a natural incident of the employment” ( Judith M. v. Sisters of Charity Hosp., 93 N.Y.2d 932, 933, 693 N.Y.S.2d 67, 715 N.E.2d 95 [1999]; see e.g. White v. Hampton Mgt. Co. L.L.C., 35 A.D.3d 243, 827 N.Y.S.2d 120 [2006]; CPLR 3215[f] ).