R. v. R., 37 A.D.3d 577 (N.Y. App. Div. 2007). · Go Syfert
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R. v. R., 37 A.D.3d 577 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: ''John Doe 1'' v. Board of Education of Greenport Union Free School District (nyappdiv, 2012-11-14)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) ''John Doe 1'' v. Board of Education of Greenport Union Free School District
N.Y. App. Div. · 2012 · confidence medium
Similarly, there was no nexus between Commins’s employment and the sexual assaults, since they were separated by time, place, and the intervening independent acts of Commins (see Farrell v Maiello, 38 AD3d 592, 593 [2007]; R. v R., 37 AD3d 577, 579 [2007]; Anonymous v Dobbs Ferry Union Free School Dist., 290 AD2d 464, 465 [2002]).
discussed Cited as authority (rule) ''John Doe 1'' v. Board of Education of Greenport Union Free School District
N.Y. App. Div. · 2012 · confidence medium
Similarly, there was no nexus between Commins’s employment and the sexual assaults, since they were separated by time, place, and the intervening independent acts of Commins (see Farrell v Maiello, 38 AD3d 592, 593 [2007]; R. v R., 37 AD3d 577, 579 [2007]; Anonymous v Dobbs Ferry Union Free School Dist., 290 AD2d 464, 465 [2002]).
discussed Cited as authority (rule) S.C. v. New York City Department of Education
N.Y. App. Div. · 2012 · confidence medium
In any event, the defendants established their prima facie entitlement to summary judgment dismissing the negligent hiring, retention, and supervision causes of action by showing that any nexus between their employment and supervision of Hammond and Hammond’s sexual abuse of S.C. was severed by time, distance, and the intervening independent actions of S.C. in running away from home and Hammond in taking S.C. in and sexually abusing him (see Farrell v Maiello, 38 AD3d 592, 593 [2007]; R.v R., 37 AD3d 577, 579 [2007]; Anonymous v Dobbs Ferry Union Free School Dist., 290 AD2d 464, 465 [2002]; …
discussed Cited as authority (rule) S.C. v. New York City Department of Education
N.Y. App. Div. · 2012 · confidence medium
In any event, the defendants established their prima facie entitlement to summary judgment dismissing the negligent hiring, retention, and supervision causes of action by showing that any nexus between their employment and supervision of Hammond and Hammond’s sexual abuse of S.C. was severed by time, distance, and the intervening independent actions of S.C. in running away from home and Hammond in taking S.C. in and sexually abusing him (see Farrell v Maiello, 38 AD3d 592, 593 [2007]; R.v R., 37 AD3d 577, 579 [2007]; Anonymous v Dobbs Ferry Union Free School Dist., 290 AD2d 464, 465 [2002]; …
discussed Cited as authority (rule) Jackson v. New York University Downtown Hospital
N.Y. App. Div. · 2010 · confidence medium
Although an employer cannot be held vicariously liable “for torts committed by an employee who is acting solely for personal motives unrelated to the furtherance of the employer’s business” (Fe rnandez v Rustic Inn, Inc., 60 AD3d 893, 896 [2009]; see Judith M. v Sisters of Charity Hosp., 93 NY2d 932, 933 [1999]; R. v R., 37 AD3d 577, 578 [2007]; Steinborn v Himmel, 9 AD3d 531, 532 [2004]), the employer may be held liable for negligent hiring, supervision, and retention of the employee (see Sandra M. v St.
discussed Cited "see" DeMarzo v. Cuba Hill Elementary Sch.
N.Y. App. Div. · 2023 · signal: see · confidence high
Furthermore, the plaintiff failed to demonstrate that the relation-back doctrine applied, inasmuch as the plaintiff failed to demonstrate that Alleman was united in interest with the other defendants ( see Mitzmacher v Bay Country Owners , 211 AD3d 1025, 1026 ; Cedarwood Assoc., LLC v County of Nassau , 211 AD3d 799, 800 ; see generally R. v R. , 37 AD3d 577, 578 ).
Retrieving the full opinion text from the archive…
R.
v.
R., and Roman Catholic Diocese of Brooklyn
Appellate Division of the Supreme Court of the State of New York.
Feb 13, 2007.
37 A.D.3d 577
Cited by 8 opinions  |  Published

[*578] In an action to recover damages for personal injuries, etc., the defendants Roman Catholic Diocese of Brooklyn, Bishop Thomas V. Daily, Monsignor Andrew Vaccari, and Monsignor Otto Garcia appeal from an order of the Supreme Court, Suffolk County (Molia, J.), dated October 24, 2005, which denied their motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against the appellants is granted.

The complaint alleged that the appellants were negligent in the hiring, retention, training, and supervision of the defendant R. (hereinafter the defendant) who sexually abused the infant plaintiff on numerous occasions from May 2003 to October 2003. Allegedly, the sexual abuse took place while the defendant was visiting and staying with the plaintiffs in their home. The defendant is the infant plaintiffs paternal uncle. At the time of the alleged incidents, the defendant had been on an extended personal leave of absence from the appellants since September 1, 1995, was living as a layman, and had been relieved of his priestly faculties. The complaint also alleged that the appellants were vicariously liable for the defendant’s sexual abuse of the infant plaintiff. The appellants moved pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against them. The court denied the motion.

Since the defendant’s acts were committed for purely personal motives and were an obvious departure from his normal duties as a priest of the appellants, the appellants cannot be held vicariously liable for the defendant’s acts as a matter of law (see Judith M. v Sisters of Charity Hosp., 93 NY2d 932 [1999]; Mataxas v North Shore Univ. Hosp., 211 AD2d 762, 763 [1995]; Kirkman v Astoria Gen. Hosp., 204 AD2d 401, 403 [1994]; Nicollette T. v Hospital for Joint Diseases/Orthopaedic Inst., 198 AD2d 54 [1993]; Heindel v Bowery Sav. Bank, 138 AD2d 787, 788[*579] [1988]). Accordingly, the Supreme Court should have granted those branches of the appellants’ motion which were to dismiss the causes of action which alleged that the appellants were vicariously liable for the defendant’s acts.

The Supreme Court also improperly denied those branches of the appellants’ motion which were to dismiss the remaining causes of action in the complaint insofar as asserted against them. Any nexus between the defendant’s hiring and employment at the appellants and his alleged sexual abuse of the infant plaintiff was severed by time, distance and intervening independent actions (see Hoffman v City of New York, 301 AD2d 573 [2003]; Anonymous v Dobbs Ferry Union Free School Dist., 290 AD2d 464 [2002]). Mastro, J.P., Goldstein, Lifson and Garni, JJ., concur.