Opinion
Submitted March 21, 2000.
May 17, 2000.
In an action to recover damages for personal injuries, etc., the defendants Coral Gardens Owners, Inc., and Ergos Management Group, Ltd., appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated May 25, 1999, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.
Thomas M. Bona, P.C., White Plains, N.Y. (Robert M. Lefland of counsel), for appellants.
Before: DAVID S. RITTER, J.P., DANIEL W. JOY, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.
"In instances where an employee cannot be held vicariously liable for its employee's torts, the employer can still be held liable under theories of negligent hiring, negligent retention, and negligent supervision * * * However, a necessary element of such causes of action is that the employer knew or should have known of the employee's propensity for the conduct which caused the injury" (Kenneth R. v. Roman Catholic Diocese of Brooklyn, 229 A.D.2d 159, 161). Here, there was no evidence submitted by the plaintiffs to establish that the appellants were aware or should have been aware of the propensity of their employee, Salomon Correa, for the conduct which allegedly caused the infant plaintiff's injury (see, Koran I. v. New York City Bd. of Educ., 256 A.D.2d 189; Givens v. New York City Hous. Auth., 249 A.D.2d 133; Kenneth R. v. Roman Catholic Diocese of Brooklyn, supra; Rochlin v. Alamo, 209 A.D.2d 499).
RITTER, J.P., JOY, S. MILLER and H. MILLER, JJ., concur.