Beauchamp v. City of New York, 3 A.D.3d 465 (N.Y. App. Div. 2004). · Go Syfert
Beauchamp v. City of New York, 3 A.D.3d 465 (N.Y. App. Div. 2004). Cases Citing This Book View Copy Cite
63 citation events (63 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (rule) Tyrell v. Walmart, Inc.
N.Y. App. Div. · 2025 · confidence medium
"Conversely, where an employee's actions are taken for wholly personal reasons, which are not job related, his or her conduct cannot be said to fall within the scope of employment" ( Beauchamp v City of New York , 3 AD3d 465, 466; see Maldonado v Allum , 208 AD3d at 471).
cited Cited as authority (rule) Douglas v. City of Peekskill
S.D.N.Y. · 2025 · confidence medium
Jan. 26, 2021) (quoting Beauchamp v. City of New York, 771 N.Y.S.2d 129, 131 (2d Dep’t 2004)).
cited Cited as authority (rule) Barnes v. The City of New York
E.D.N.Y · 2021 · confidence medium
Beauchamp v. City of New York, 771 N.Y.S.2d 129, 131 (2d Dep’t 2004).
discussed Cited as authority (rule) Matter of Krug v. City of Buffalo
N.Y. App. Div. · 2018 · confidence medium
Although it is well settled that an employee's conduct does not fall within the scope of his or her employment where his or her actions are taken for wholly personal reasons not related to the employee's job ( see Beauchamp v City of New York , 3 AD3d 465, 466 [2d Dept 2004]; Schilt v New York City Tr.
discussed Cited as authority (rule) Camisa v. Rosen
N.Y. App. Div. · 2017 · confidence medium
“An employee’s actions fall within the scope of employment where the purpose in performing such actions is ‘to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business’ ” (Scott v Lopez, 136 AD3d at 886 , quoting Beauchamp v City of New York, 3 AD3d 465, 466 [2004]).
discussed Cited as authority (rule) Ciccone v. City of New York
N.Y. App. Div. · 2016 · confidence medium
“An employee’s actions fall within the scope of employment where the purpose in performing such actions is to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004] [internal quotation marks omitted]; see Pinto v Tenenbaum, 105 AD3d 930, 931 [2013]).
discussed Cited as authority (rule) Scott v. Lopez
N.Y. App. Div. · 2016 · confidence medium
“An employee’s actions fall within the scope of employment where the purpose in performing such actions is ‘to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business’ ” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004], quoting Stavitz v City of New York, 98 AD2d 529, 531 [1984]).
discussed Cited as authority (rule) Brandford v. Singh
N.Y. App. Div. · 2016 · confidence medium
“An employee’s actions fall within the scope of employment where the purpose in performing such actions is to further the employer’s interest, or to *728 carry out duties incumbent upon the employee in furthering the employer’s business” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004] [internal quotation marks omitted]; see Selmani v City of New York, 116 AD3d 943, 944 [2014]).
discussed Cited as authority (rule) Rodriguez v. Judge
N.Y. App. Div. · 2015 · confidence medium
“An employee’s actions fall within the scope of employment where the purpose in performing such actions is ‘to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business’ ” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004], quoting Stavitz v City of New York, 98 AD2d 529, 531 [1984]; see Riviello v Waldron, 47 NY2d 297, 302 [1979]; De Wald v Seidenberg, 297 NY 335, 338 [1948]; Ramos v Jake Realty Co., 21 AD3d 744, 746 [2005]). “[T]he employer may be liable when the employee acts negligently or intentionally, so …
discussed Cited as authority (rule) Hoffman v. Verizon Wireless, Inc.
N.Y. App. Div. · 2015 · confidence medium
Consequently, R&K’s submissions failed to eliminate all triable issues of fact as to those causes of action alleging negligence, intentional and negligent infliction of emotional distress, and prima facie tort, which were premised upon the theory of respondeat superior (see Riviello v Waldron, 47 NY2d 297, 304 [1979]; Ammirati v Arias, 111 AD3d 771, 772 [2013]; Beauchamp v City of New York, 3 AD3d 465, 467 [2004]).
discussed Cited as authority (rule) Selmani v. City of New York
N.Y. App. Div. · 2014 · confidence medium
“An employee’s actions fall within the scope of employment where the purpose in performing such actions is ‘to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business’ ” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004], quoting Stavitz v City of New York, 98 AD2d 529, 531 [1984]).
discussed Cited as authority (rule) Selmani v. City of New York
N.Y. App. Div. · 2014 · confidence medium
“An employee’s actions fall within the scope of employment where the purpose in performing such actions is ‘to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business’ ” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004], quoting Stavitz v City of New York, 98 AD2d 529, 531 [1984]).
discussed Cited as authority (rule) Rew v. County of Niagara
N.Y. App. Div. · 2014 · confidence medium
Here, defendants failed to sustain their initial burden of establishing their entitlement to summary-judgment dismissing the first cause of action insofar as it asserts claims for negligent training and supervision against the Sheriff because defendants submitted no evidence establishing that the Sheriff was not negligent in training or supervising the deputy sheriff (see Mendez v City of New York, 7 AD3d 766, 768 [2004]; Beauchamp v City of New York, 3 AD3d 465, 467 [2004]).
discussed Cited as authority (rule) Rew v. County of Niagara
N.Y. App. Div. · 2014 · confidence medium
Here, defendants failed to sustain their initial burden of establishing their entitlement to summary-judgment dismissing the first cause of action insofar as it asserts claims for negligent training and supervision against the Sheriff because defendants submitted no evidence establishing that the Sheriff was not negligent in training or supervising the deputy sheriff (see Mendez v City of New York, 7 AD3d 766, 768 [2004]; Beauchamp v City of New York, 3 AD3d 465, 467 [2004]).
discussed Cited as authority (rule) Pinto v. Tenenbaum
N.Y. App. Div. · 2013 · confidence medium
Conversely, where an employee’s actions are taken for wholly personal reasons, which are not job related, his or her conduct cannot be said to fall within the scope of employment” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004] [internal quotation marks and citations omitted]; see Danner-Cantalino v City of New York, 85 AD3d 709 [2011]).
discussed Cited as authority (rule) Pinto v. Tenenbaum
N.Y. App. Div. · 2013 · confidence medium
Conversely, where an employee’s actions are taken for wholly personal reasons, which are not job related, his or her conduct cannot be said to fall within the scope of employment” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004] [internal quotation marks and citations omitted]; see Danner-Cantalino v City of New York, 85 AD3d 709 [2011]).
discussed Cited as authority (rule) Afifi v. City of New York
N.Y. App. Div. · 2013 · confidence medium
The defendants failed to make a prima facie showing of their entitlement to judgment as a matter of law dismissing the first, third, fourth, and fifth causes of action in their entirety on the ground that the alleged acts of the defendants’ employees were outside the scope of their employment (see Riviello v Waldron, 47 NY2d 297, 302 [1979]; White v Alkoutayni, 18 AD3d 540, 541 [2005]; Beauchamp v City of New York, 3 AD3d 465, 466-467 [2004]; Rausman v Baugh, 248 AD2d 8, 10-11 [1998]; cf. N.X. v Cabrini Med.
discussed Cited as authority (rule) Afifi v. City of New York
N.Y. App. Div. · 2013 · confidence medium
The defendants failed to make a prima facie showing of their entitlement to judgment as a matter of law dismissing the first, third, fourth, and fifth causes of action in their entirety on the ground that the alleged acts of the defendants’ employees were outside the scope of their employment (see Riviello v Waldron, 47 NY2d 297, 302 [1979]; White v Alkoutayni, 18 AD3d 540, 541 [2005]; Beauchamp v City of New York, 3 AD3d 465, 466-467 [2004]; Rausman v Baugh, 248 AD2d 8, 10-11 [1998]; cf. N.X. v Cabrini Med.
discussed Cited as authority (rule) Via v. Automated Waste Services, Inc.
N.Y. App. Div. · 2012 · confidence medium
The Automated defendants’ own moving papers demonstrated the existence of triable issues of fact as to the applicability of that doctrine to the facts here (see Dimitrakakis v Bridgecom Intl., Inc., 70 AD3d 885, 887 [2010]; Beauchamp v City of New York, 3 AD3d 465, 466-467 [2004]).
discussed Cited as authority (rule) Via v. Automated Waste Services, Inc.
N.Y. App. Div. · 2012 · confidence medium
The Automated defendants’ own moving papers demonstrated the existence of triable issues of fact as to the applicability of that doctrine to the facts here (see Dimitrakakis v Bridgecom Intl., Inc., 70 AD3d 885, 887 [2010]; Beauchamp v City of New York, 3 AD3d 465, 466-467 [2004]).
discussed Cited as authority (rule) Danner-Cantalino v. City of New York
N.Y. App. Div. · 2011 · confidence medium
“An employee’s actions fall within the scope of employment where the purpose in performing such actions is ‘to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business’ ” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004], quoting Stavitz v City of New York, 98 AD2d 529, 531 [1984]; see Riviello v Waldron, 47 NY2d 297, 302 [1979]; Perez v City of New York, 79 AD3d 835, 836 [2010]; Schilt v New York City Tr.
discussed Cited as authority (rule) Perez v. City of New York
N.Y. App. Div. · 2010 · confidence medium
An act is within the scope of employment when it is “performed while the employee is engaged generally in the business of his employer, or if his act may be reasonably said to be necessary or incidental to such employment” (Davis v Larhette, 39 AD3d 693, 694 [2007]), or where the act has the purpose “ ‘to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business’ ” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004], quoting Stavitz v City of New York, 98 AD2d 529, 531 [1984]).
discussed Cited as authority (rule) Cotter v. Board of Education of Garden City Union Free School District
N.Y. App. Div. · 2009 · confidence medium
The altercation occurred on school grounds, while the petitioner and McCarthy were on duty grading Regents examinations (see Matter of Cutler v Poughkeepsie City School Dist., 73 AD2d 967 [1980]), and thus was not “wholly personal” (Beauchamp v City of New York, 3 AD3d 465, 466 [2004]).
discussed Cited as authority (rule) McMindes v. Jones
N.Y. App. Div. · 2007 · confidence medium
An employer may be held vicariously liable for the intentional or negligent acts of its employees if the employees are acting within the scope of their employment (see Judith M. v Sisters of Charity Hosp., 93 NY2d 932, 933 [1999]; Beauchamp v City of New York, 3 AD3d 465, 466 [2004]), and the issue whether an act was within the scope of the employment ordinarily is one of fact for the jury (see Riviello v Waldron, 47 NY2d 297, 303 [1979]; White v Alkoutayni, 18 AD3d 540, 541 [2005]; Beauchamp, 3 AD3d at 466-467 ).
discussed Cited as authority (rule) Barton v. City of New York
N.Y. Sup. Ct. · 2007 · confidence medium
Conversely, where an employee’s actions are taken for wholly personal reasons, which are not job related, his or her conduct cannot be said to fall within the scope of employment.” (Beauchamp v City of New York, 3 AD3d 465, 466 [2d Dept 2004], quoting Stavitz v City of New York, 98 AD2d 529, 531 [1st Dept 1984].) The City offers no direct evidence on whether, at the time of the shooting, Rossler was furthering his “employer’s business” or acting for “wholly personal reasons.” The City relies on the undisputed facts that the shooting occurred while Rossler was off duty and outside…
discussed Cited "see" Doe v. Grant Wilfley Casting, Inc.
N.Y. App. Div. · 2026 · signal: see · confidence high
"An employee's actions fall within the scope of employment where the purpose in performing such actions is to further the employer's interest, or to carry out duties incumbent upon the employee in furthering the employer's business" ( Montalvo v Episcopal Health Servs., Inc. , 172 AD3d 1357 , 1359 [internal quotation marks omitted]; see Beauchamp v City of New York , 3 AD3d 465, 466 ; Stavitz v City of New York , 98 AD2d 529, 531 ). "[W]here an employee's actions are taken for wholly personal reasons, which are not job related, the challenged conduct cannot be said to fall within the scope of …
discussed Cited "see" Shah v. Runway Towing Corp. (2×)
N.Y. App. Div. · 2025 · signal: see · confidence high
"The doctrine of respondeat superior renders an employer vicariously liable for torts committed by an employee acting in furtherance of the employer's business and within the scope of his or her employment" ( Brandford v Singh , 136 AD3d 726, 727 ; see Llorente v Wnorowski , 204 AD3d 656, 657 ). "'An employee's actions fall within the scope of employment where the purpose in performing such actions is to further the employer's interest, or to carry out duties incumbent upon the employee in furthering the employer's business'" ( Montalvo v Episcopal Health Servs., Inc. , 172 AD3d 1357 , 1359, q…
discussed Cited "see" Browne v. Lyft, Inc.
N.Y. App. Div. · 2023 · signal: see · confidence high
"An employee's actions fall within the scope of employment where the purpose in performing such actions is to further the employer's interest, or to carry out duties incumbent upon the employee in furthering the employer's business" ( Montalvo v Episcopal Health Servs., Inc ., 172 AD3d 1357 , 1359 [internal quotation marks omitted]; see Beauchamp v City of New York , 3 AD3d 465, 466 ; Stavitz v City of New York , 98 AD2d 529, 531 ). "[W]here an employee's actions are taken for wholly personal reasons, which are not job related, the challenged conduct cannot be said to fall within the scope of …
discussed Cited "see" Maldonado v. Allum
N.Y. App. Div. · 2022 · signal: see · confidence high
Corp. , 81 AD3d 622, 623 ; see Camisa v Rosen , 150 AD3d 809, 810 ). "'An employee's actions fall within the scope of employment where [*2]the purpose in performing such actions is to further the employer's interest, or to carry out duties incumbent upon the employee in furthering the employer's business'" ( Scott v Lopez , 136 AD3d 885, 886 , quoting Beauchamp v City of New York , 3 AD3d 465, 466 ; see Camisa v Rosen , 150 AD3d at 810 ).
discussed Cited "see" Llorente v. Wnorowski (2×)
N.Y. App. Div. · 2022 · signal: see · confidence high
"An employee's action may be considered to be within the scope of employment when it 'is performed while the employee is engaged generally in the business of the employer, or if the act may be reasonably said to be necessary or incidental to such employment'" ( Kelly v Starr , 181 AD3d 799, 801 , quoting Scott v [*2]Lopez , 136 AD3d 885, 886 ; see Wood v State of New York , 119 AD3d 672, 672 ). "'Conversely, where an employee's actions are taken for wholly personal reasons, which are not job related, his or her conduct cannot be said to fall within the scope of employment'" ( Danner-Cantalino …
cited Cited "see" Esperanza v. City of N.Y.
E.D.N.Y · 2018 · signal: see · confidence high
See id. ; Graham v. City of New York , 2 A.D.3d 678 , 770 N.Y.S.2d 92 , 93 (2d Dep't 2003).
discussed Cited "see" Baker v. Lisconish
N.Y. App. Div. · 2017 · signal: see · confidence high
In contrast, where an employee’s actions are taken for wholly personal reasons, which are not job related, his or her conduct cannot be said to fall within the scope of employment” (Perez v City of New York, 79 AD3d 835, 836 [2d Dept 2010] [internal quotation marks omitted]; see Beauchamp v City of New York, 3 AD3d 465, 466 [2d Dept 2004]).
Retrieving the full opinion text from the archive…
Jeremy Beauchamp
v.
City of New York, and New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York.
Jan 12, 2004.
3 A.D.3d 465
Cited by 39 opinions  |  Published

In an action, inter alia, to recover damages for assault and false arrest, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated January 10, 2002, as granted those branches of the motion of the defendant New York City Housing Authority which were for summary judgment dismissing the first through twelfth causes of action insofar as asserted against it.

[*466] Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion which were for summary judgment dismissing the first through twelfth causes of action insofar as asserted against it are denied.

The injured plaintiffs, Jeremy Beauchamp and Antonio Marin, allege that they were assaulted and falsely arrested by several off-duty New York City Housing Authority (hereinafter Housing Authority) police officers. Following the incident, the New York City Police Department Bureau of Internal Affairs (hereinafter the BIA) conducted an investigation and concluded that one of the officers had engaged in “police action” by pulling out his gun during an altercation with the injured plaintiffs. The BIA recommended that disciplinary charges be brought against two officers. The plaintiffs subsequently commenced this action seeking, inter alia, damages for assault and false arrest. The Housing Authority thereafter moved for summary judgment dismissing the complaint insofar as asserted against it, alleging, among other things, that even if off-duty officers were involved in the alleged assault, it could not be held liable because they were not acting in furtherance of their duties as police officers. The Supreme Court granted the Housing Authority’s motion, concluding, as a matter of law, that it could not be held liable under the doctrine of respondeat superior because the police officers were not acting within the scope of their employment.

On appeal, the plaintiffs contend that the Supreme Court erred in granting the Housing Authority’s motion because there are triable issues of fact as to whether the police officers were acting within the scope of their employment during the incident. We agree. The doctrine of respondeat superior renders an employer vicariously liable for torts committed by an employee acting within the scope of his or her employment (see Judith M. v Sisters of Charity Hosp., 93 NY2d 932, 933 [1999]; Riviello v Waldron, 47 NY2d 297, 302 [1979]). An employee’s actions fall within the scope of employment where the purpose in performing such actions is “to further the employer’s interest, or to carry out duties incumbent upon the employee in furthering the employer’s business” (Stavitz v City of New York, 98 AD2d 529, 531 [1984]; see also Schilt v New York City Tr. Auth., 304 AD2d 189 [2003]; Matter of Schenectady Police Benevolent Assn. v City of Schenectady, 299 AD2d 717 [2002]). Conversely, where an employee’s actions are taken for wholly personal reasons, which are not job related, his or her conduct cannot be said to fall within the scope of employment (see Schilt v New York City Tr. Auth., supra; Stavitz v City of New York, supra). Since the determination of whether an employee’s actions fall within the[*467] scope of employment depends heavily on the facts and circumstances of the particular case, the question is ordinarily for the jury (see Riviello v Waldron, supra at 302-303; Schilt v New York City Tr. Auth., supra; see also Matter of Williams v City of New York, 64 NY2d 800, 802 [1985]). The parties’ evidentiary submissions, which included the deposition testimony of the Chief of Criminal Investigations for the BIA, revealed the existence of issues of fact as to whether the officers assaulted the injured plaintiffs for wholly personal reasons, or whether they may have used excessive force within the scope of their employment while investigating allegations that the injured plaintiffs possessed marijuana. Accordingly, those branches of the Housing Authority’s motion which were for summary judgment dismissing the plaintiffs’ causes of action to recover damages, inter alia, for assault, false arrest, and false imprisonment insofar as asserted against it should have been denied.

Furthermore, the Housing Authority failed to sustain its initial burden of demonstrating its entitlement to summary judgment dismissing the plaintiffs’ causes of action to recover damages for negligent hiring insofar as asserted against it because it submitted no proof to establish that it was not negligent in hiring the officers involved in the incident (see generally Zuckerman v City of New York, 49 NY2d 557 [1980]). S. Miller, J.P., Krausman, Townes and Cozier, JJ., concur.