Opinion
Appeal No. 15047 Index No. 100051/21Case No. 2021-02827
01-13-2022
Sergei Moroshkin, Plaintiff-Appellant, v. Trinity Church, Defendant-Respondent. Appeal No. 15047 Case No. 2021-02827
Sergei Moroshkin, appellant pro se. Schwab & Gasparini, PLLC, White Plains (Louis U. Gasparini of counsel), for respondent.
Sergei Moroshkin, appellant pro se.
Schwab & Gasparini, PLLC, White Plains (Louis U. Gasparini of counsel), for respondent.
Before: Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.
Order, Supreme Court, New York County (Barbara Jaffe, J.), entered June 30, 2021, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
Plaintiff alleges that defendant's security guard sprayed him with a white powder, causing his tooth to need extraction. However, plaintiff fails to allege that the guard's act was within the scope of his duties for defendant and therefore fails to state a cause of action against defendant (see e.g. Yeboah v Snapple, Inc., 286 A.D.2d 204 [1st Dept 2001]).
We have considered plaintiff's remaining contentions and find them unavailing.