Tenant Organization Not Responsible for Employee's Sexual Assaults

LVT Number: #23697

Tenant sued a community organization for negligence, claiming that she was sexually assaulted by one of its tenant advocate employees. Tenant claimed that she had nonconsensual sex with the employee on 12 occasions and that other women had complained to the organization. The court ruled for the organization without a trial and dismissed the case. The employee's actions were taken outside the scope of his employment, even though his work required him to make home visits. The case was dismissed.

Tenant sued a community organization for negligence, claiming that she was sexually assaulted by one of its tenant advocate employees. Tenant claimed that she had nonconsensual sex with the employee on 12 occasions and that other women had complained to the organization. The court ruled for the organization without a trial and dismissed the case. The employee's actions were taken outside the scope of his employment, even though his work required him to make home visits. The case was dismissed.

Larson v. Cooper Square Community Development Committee: Index No. 11243/11, NYLJ No. 1202517524591 (Sup. Ct. Queens; 9/26/11; McDonald, J)