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Burchette v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 569 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

Appeal from the Supreme Court, Queens County (Lonschein, J.).


Ordered that the order is affirmed, with costs.

The improper actions taken by the defendant Gene Parker, a former New York City Transit Authority (hereinafter the Transit Authority) police officer, were not in furtherance of Transit Authority business. The Transit Authority may not be found negligent through the personal actions of an employee who acts beyond the scope of his employment ( see, Parris v. New York City Hous. Auth., 121 A.D.2d 436, 437). Accordingly, the Supreme Court properly granted the motion of the Transit Authority for summary judgment dismissing the complaint against it and properly denied the plaintiff's cross motion for summary judgment against it. Sullivan, J.P., Pizzuto, Goldstein and Florio, JJ., concur.


Summaries of

Burchette v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 569 (N.Y. App. Div. 1996)
Case details for

Burchette v. New York City Transit Authority

Case Details

Full title:YVONNE BURCHETTE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY…

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

Date published: Feb 20, 1996

Citations

224 A.D.2d 569 (N.Y. App. Div. 1996)
639 N.Y.S.2d 46