Opinion
06-07-2016
Annie LOPEZ as Administrator of the Estate of Geronimo Lopez, Jr., Plaintiff–Respondent, v. Kumar KANCHERLA, Defendant, K & K Assets, LLC, et al., Defendants–Appellants, K–Pro Realty & Management, Inc., Defendant. [And a Third–Party Action].
Lester Schwab Katz & Dwyer, LLP, New York (Stewart G. Milch of counsel), for appellants. Bamundo, Zwal & Schermerhorn, LLP, New York (John A. Howard–Algarin of counsel), for respondent.
Lester Schwab Katz & Dwyer, LLP, New York (Stewart G. Milch of counsel), for appellants.
Bamundo, Zwal & Schermerhorn, LLP, New York (John A. Howard–Algarin of counsel), for respondent.
Opinion
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered September 21, 2015, which, insofar as appealed from, denied the motion of defendants K & K Assets, LLC and Manchester Property Group, LLC for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Defendants' motion for summary judgment was properly denied in this action arising from third-party defendant Jannie Johnson's assault on plaintiff's decedent. Triable issues of fact exist concerning whether defendants, Johnson's putative employers, could be held either vicariously liable for her actions (see Riviello v. Waldron, 47 N.Y.2d 297, 303–304, 418 N.Y.S.2d 300, 391 N.E.2d 1278 [1979] ; Ramos v. Jake Realty Co., 21 A.D.3d 744, 801 N.Y.S.2d 566 [1st Dept.2005] ), or liable for negligently hiring and retaining Johnson (see Haddock v. City of New York, 140 A.D.2d 91, 94, 532 N.Y.S.2d 379 [1st Dept.1988], affd. 75 N.Y.2d 478, 554 N.Y.S.2d 439, 553 N.E.2d 987 [1990] ). Specifically, the submitted evidence presents questions as to whether Johnson was defendants' building superintendent or otherwise an employee, and whether defendants knew or should of known of her violent propensities, at least shortly after she was purportedly hired (see T.W. v. City of New York, 286 A.D.2d 243, 729 N.Y.S.2d 96 [1st Dept.2001] ).
TOM, J.P., SWEENY, MOSKOWITZ, RICHTER, GESMER, JJ., concur.