View Pat T.'s profile on LinkedIn, the world's largest professional community. Pat has 9 jobs listed on their profile. See the complete profile on LinkedIn and. View Jim Feretic's profile on LinkedIn, the world's largest professional Attorney at Hannum, Feretic, Prendergast & Merlino, LLC Christopher R. Dean. Christopher E.
Villongco v Tompkins Sq. Bagels ( NY Slip Op (U))
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Furthermore, at the time of the physical confrontation, both plaintiff and defendant were across the street from the restaurant, again, at a time when defendant was "off the clock," which according to Tompkins Bagels, means during a period when defendant was not working.
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Mere conclusions, expressions of hope or unsubstantiated allegations or assertions are insufficient Alvord and Swift v Steward M. In negligent hiring and negligent retention actions, "[t]he negligence of the employer in such a case is direct, not vicarious, and arises from its having placed the employee in a position to cause foreseeable harm, harm which the injured party most probably would have been spared had the employer taken reasonable care in making its decision concerning the hiring and retention of the employee" White v Hampton Management Co.
Pugliese contacted defendant to discuss "possibly working something out where I could help his employees become better" EBT, p. Afterwards, defendant returned to the restaurant to retrieve his bag and personal items EBT, p.
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There was no specific procedure on how to handle an issue with a customer EBT, p. Luz Segarra testified, when asked to describe defendant, that "he walked like — you know, he had this chip on his shoulder, that he was like a bad ass" EBT, p.
Yet, "An employer cannot be held vicariously liable for an alleged assault where the assault was not within the scope of the employee's duties, and there is no evidence that the assault was condoned, instigated or authorized by the employer Yeboah v Snapple, Inc.
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Silver & Kelmachter, LLP, New York, N.Y. (Perry D. Silver of counsel), for appellant. Hannum Feretic Prendergast & Merlino, LLC, New York, N.Y. (Michael J.
Just hospitality, we hammered that point, we are in hospitality and we are here to make people happy. I felt what was he going to do to me" EBT, p. Winthrop Baseball. And then he called me an old bitch. I don't you know, I never raised my hand at another human being in my life and I wouldn't expect any of my workers to do that.
Sixty years old, carpal tunnel, disabled, the guy just hit a woman. To establish a cause of action based on negligent hiring, negligent retention, or negligent supervision, it must be shown that the employer knew or should have known of the employee's propensity for the conduct which caused the injury see Detone v Bullit Courier Serv.
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|Defendant's contact with plaintiff did not occur at any time during which defendant was performing any of his duties for Tompkins Bagels.
Learn more Add this video to your website by copying the code below. Segarra "ran the front" and defendant's training of the employees in the kitchen "had nothing to do with the front end that she ran" Bershadsky EBT, p.
When asked if it within Segarra's supervisory capacity to stop defendant from taking a break, Pugliese responded, "Yes.
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