Lassen v Dunkin' Donuts Inc.

Lassen v Dunkin' Donuts Inc. 2011 NY Slip Op 09173 Decided on December 20, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2011
Gonzalez, P.J., Mazzarelli, Andrias, Sweeny, Román, JJ.
6382 307630/08

[*1]Edward Lassen, Plaintiff-Appellant,

v

Dunkin' Donuts Incorporated, et al., Defendants-Respondents.




Law Offices of Joseph B. Strassman, LLP, Huntington (Joseph
B. Strassman of counsel), for appellant.
Quirk and Bakalor, P.C., New York (Richard H. Bakalor of
counsel), for respondents.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about June 28, 2010, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff seeks damages for injuries he sustained when he was struck by a motor vehicle operated by an employee of defendants' franchisees. Plaintiff's theory of the case is vicarious liability based on agency. However, the pleadings allege no facts to substantiate the assertion that the motor vehicle operator was defendants' agent (CPLR 3211[7]).

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 20, 2011

CLERK