| Hong Jin v Herman |
| 2022 NY Slip Op 05274 [208 AD3d 1102] |
| September 27, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Hong Jin et al., Respondents, v Henry Herman et al., Defendants, and Binyan Lorimer, LLC, et al., Appellants. |
Cohen, LaBarbera & Landrigan, LLP, Chester (Kyle A. Seiss of counsel), for appellants.
Caesar and Napoli, P.C., New York (Ernest A. Spivak of counsel), for respondents
Order, Supreme Court, New York County (Lisa S. Headley, J.), entered on or about August 16, 2021, which denied the motion of defendants Binyan Lorimer, LLC, and Herman Equities, LLC, to dismiss plaintiffs' complaint as against them, unanimously affirmed, without costs.
Defendants' motion to dismiss the complaint was properly denied in this personal injury and wrongful death action arising out of a motor vehicle, operated by defendant Henry Herman, striking plaintiffs pedestrians. Accepting the facts as alleged by plaintiffs as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), plaintiffs have stated a cause of action in vicarious liability as against the moving defendants in as much as they allege that defendant Henry Herman was acting within the scope of his employment with defendant Binyan Lorimer, LLC, and/or Herman Equities, LLC, at the time of the alleged accident.
We have considered defendants' remaining arguments and find them unavailing. Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.