Was Tenant Injured by Building's Security Guards During Courtyard Incident?

Tenant sued landlord for damages due to personal injuries suffered as the result of what tenant claimed was negligent hiring, retention, and supervision of security guards at the building. Tenant claimed that she was injured by the security guards during an incident in the building's courtyard. The court granted landlord's request to dismiss the case, finding that the guards were acting within the scope of their employment during the incident in question. Tenant appealed, and the case was reopened. The appeals court found that the question of whether the guards were acting within the scope of their employment hadn't been litigated. So the lower court should not have granted landlord's request to dismiss this claim. 

Hutchinson-Headley v. HP Arverne Preserv. Hous. Co. Inc.: App. No. 2021-01648, Index No. 702980/20, 2023 NY Slip Op 04306 (App. Div. 2 Dept.; 8/16/23; Dillon, JP, Miller, Wooten, Taylor, JJ)