The hospital
ultimately moved for
summary judgment, which the trial court
granted, finding that: (1) the technologist did not act within the scope of her duties, as is necessary for the hospital to be vicariously liable for the technologist's conduct; (2) the plaintiffs failed to adduce sufficient evidence to support a finding of intentional infliction of emotional distress; and (3) none of the plaintiffs suffered actual damages as a result of the technologist's conduct.
Boyer v. Werner (238 A.D. 2d 853)- plaintiff broker seeks commission due from defendant broker for referral of purchaser for golf course property; purchaser
ultimately purchases golf course property plus second golf course; plaintiff broker seeks commission for referral fee for purchase of both golf courses;
summary judgment granted as to the issue of defendant broker's liability in relation to the sale of the first golf course only; issue of fact exists as to referral of purchaser for second golf course and as to the amount of the commission split due (see also, Werner v. Katal Country Club [234 A.D. 2d 659]-RRB-.