The Supreme Court properly granted the motion of the defendant City of New York (hereinafter the City) for summary judgment dismissing all cross claims insofar as asserted against it. A party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate the absence of any material issue of fact (see Alvarez v Prospect Hosp.,
The Supreme Court improperly denied PAL’s motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it. An employer is vicariously liable for the torts of its employee, even when the employee’s actions are intentional, if the actions were done while the employee was acting within the scope of his employment (see Brancato v Dee & Dee Purchasing,
Here, the plaintiff alleges that he was assaulted by Gibson while he waited for a van to take him home. Gibson’s actions in allegedly assaulting the plaintiff were not incidental to the furtherance of PAL’s business interests and fell outside the scope of Gibson’s employment. Moreover, Gibson’s allegedly
In addition, PAL is entitled to summary judgment dismissing the cause of action alleging that it negligently hired Gibson. A necessary element of a cause of action for negligent hiring is that “the employer knew or should have known of the employee’s propensity for the conduct which caused the injury” (Kenneth R. v Roman Catholic Diocese of Brooklyn,
