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MOROSHKIN v. TRINITY CHURCH

100051/21. Appeal No. 15047. Case No. 2021-02827.

201 A.D.3d 503 (2022)

156 N.Y.S.3d 853

2022 NY Slip Op 00254

Sergei Moroshkin, Appellant, v. Trinity Church, Respondent.

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

Decided January 13, 2022.

Attorney(s) appearing for the Case

Sergei Moroshkin, appellant pro se.

Schwab & Gasparini, PLLC, White Plains (Louis U. Gasparini of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.

Plaintiff alleges that defendant's security guard sprayed him with a white powder, causing his tooth to need extraction. However, plaintiff fails to allege that the guard's act was within the scope of his duties for defendant and therefore fails to state a cause of action against defendant (see e.g. Yeboah v Snapple, Inc., 286 A.D.2d 204 [1st Dept 2001]).

We have considered plaintiff's remaining contentions and find them...

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