Sampson v. Perez

Summary

The Appellate Division, First Department unanimously affirmed summary judgment dismissing the claims against San Mateo Construction Corp. The court held that San Mateo established that its employee was not acting within the scope of his employment when the collision occurred, and that the plaintiff failed to raise a triable issue of fact.

Holdings

1. San Mateo was entitled to summary judgment because it established prima facie that Perez was not acting within the scope of his employment when the accident occurred, and plaintiff failed to raise a triable issue of fact.
2. Perez was not acting in furtherance of his work merely because he was carrying ten traffic cones or because his vehicle displayed a dome light and parking placard.

Questions Presented

1. Whether San Mateo Construction Corp. was entitled to summary judgment because its employee, Marvin Perez, was not acting within the scope of his employment when the collision occurred.
2. Whether evidence that Perez was carrying work equipment and had a parking placard and dome light in his vehicle raised a triable issue of fact concerning whether he was acting within the scope of his employment.

Disposition

affirmed