Carl Osipoff, Appellant v. City of New York, Respondent, Impleaded With Another

Summary

The Court reversed the Appellate Division and affirmed the trial court, holding that the City of New York is liable for the assault by its employee Sisto because the act was within the scope of his employment. The Court emphasized that a municipal corporation is liable for its servants' torts performed in the course of their duties, even if the acts are willful, and noted a dissent arguing the assault was outside the scope of employment.