Appeal from an order of the Supreme Court (Dier, J.), entered July 7, 1997 in Warren County, which denied defendants’ motion for summary judgment dismissing the amended complaint.
In this action, plaintiffs allege that defendant Martin’s Food of South Burlington, Inc. was negligent in the hiring, training and supervision of its employee, Richard LaFarr, who served as a security officer at one of its grocery stores. On September 18, 1992, plaintiff Joan Honohan (hereinafter plaintiff) was taken into custody by LaFarr as a suspected shoplifter. Plaintiff claims that while in custody, she was physically and sexually assaulted by LaFarr. Initially, plaintiffs commenced an action against a different defendant, Hannaford Brothers Company, asserting causes of action alleging, among other things, the intentional torts of assault and false imprisonment. Following the dismissal of the prior action for failure to timely serve the complaint (see, Honohan v Hannaford Bros. Co.,
We reverse. “A claim based on negligent hiring and supervision requires a showing that defendants knew of the employee’s propensity to [commit the alleged acts] or that defendants should have known of such propensity had they conducted an adequate hiring procedure” (Ray v County of Delaware,
“Once defendants establish by evidence a lack of foreseeability on their part and that their conduct conformed to the applicable standard of care, plaintiff[s] [were] obligated to assemble and lay bare affirmative proof that genuine issues of fact existed as to defendants’ negligence” (Ray v County of Delaware, supra, at 757; see, Friends of Animals v Associated Fur Mfrs.,
Cardona, P. J., Mikoll, Peters and Carpinello, JJ., concur. Ordered that the order is reversed, on the law, with costs, motion granted, summary judgment awarded to defendants and complaint dismissed.
