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WEIMER v. FOOD MERCHANTS, INC.

284 A.D.2d 190 (2001)

726 N.Y.S.2d 423

CHRISTINE M. WEIMER, Appellant, v. FOOD MERCHANTS, INC., et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 14, 2001.

As the motion court held, even if the grocery deliveryman, Martinez, were to be considered an employee of either of the moving defendants, the record establishes that he was on a personal errand when his vehicle struck plaintiff's decedent, neither making nor returning from a delivery. Therefore, the moving defendants cannot be held liable on the theory of respondeat superior (see, Lundberg v State of New York, 25 N.Y.2d 467, 471...

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