Hoffman v. R & K Trading, Inc., et al., Index No. 36361/08 (Suffolk County, October 2016)
The Firm obtained summary judgment for our client, a consumer wireless communications vendor of an action brought by former customer alleging negligence, negligent hiring and supervision, infliction of emotional distress, prima facie tort and breach of contract. The claims allegedly arose from the purported distribution of personal and explicit photographs by a former employee of the firm’s client.
The Court granted summary judgment and dismissed all of plaintiff’s claims. Specifically, the Court held that defendant R&K Trading established its entitlement to summary judgment on the vicariously liability claims because the employee’s alleged misconduct was a clear departure from the scope of employment and is unrelated to the furtherance of its business.
Partner Andrew Mandelbaum worked on this matter.
