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RAFAEL J. BERRIOS, appellant, v. MICHAEL KOBAL, defendant, PARK TERRACE ARMS CORPORATION, et al., respondents.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that there were no issues of fact with respect to whether the defendants Park Terrace Arms Corporation and Marvin Gold Management Co., Inc., were vicariously liable for the acts committed by their employee ( see, Kirkman v. Astoria Gen. Hosp., 204 A.D.2d 401, 403; Heindel v. Bowery Sav. Bank, 138 A.D.2d 787, 788; Horowitz v. Sears, Roebuck and Co., 137 A.D.2d 492).

Moreover, although the plaintiff maintains that a determination of that branch of the cross motion which was to dismiss the causes of action based on respondeat superior should have been delayed so as to allow additional time for discovery, the plaintiff's mere expressions of hope, conclusions, or unsubstantiated allegations were insufficient to defeat the cross motion for summary judgment to the extent it sought dismissal of the claims based on respondeat superior ( see, Mazzaferro v. Barterama Corp., 218 A.D.2d 643).

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BERRIOS v. KOBAL
(Jun 21, 1999)