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MARIE JEAN BAPTISTE, ET AL., APPELLANTS, v. NEW YORK CITY TRANSIT AUTHORITY, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court erred in granting the defendants' motion for summary judgment dismissing the complaint. The Supreme Court held that the defendants cannot be held vicariously liable for the acts committed by their employee bus driver in attempting to eject the plaintiff Marie Jean Baptiste from a bus. There exist issues of fact as to whether the bus driver was acting within the scope of his employment and in furtherance of the defendants' business during the course of the incident with the injured plaintiff and whether his actions could have reasonably been anticipated by the defendants (see, Riviello v. Waldron, 47 N.Y.2d 297, 302; Jaccarino v. Supermarkets Gen. Corp., 252 A.D.2d 572; Kirkman v. Astoria Gen. Hosp., 204 A.D.2d 401, 402; Santamarina v. Citrynell, 203 A.D.2d 57, 59; Adler v. Warren, 104 A.D.2d 476).

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BAPTISTE v. NEW YORK CITY TRANSIT AUTHORITY
(Oct 30, 2000)