Heindel v. Bowery Savings Bank

In Heindel v. Bowery Savings Bank (1988) 138 A.D.2d 787 [525 N.Y.S.2d 428], the Supreme Court of New York, Appellate Division, considered a case involving a sexual assault by a security guard on-duty in a shopping mall. The court ruled: "While an employer can be held vicariously liable for the torts of his employee committed in the course of the employer's work, even if the acts are done irregularly or with disregard of instruction [citation], there is no respondeat superior liability for torts committed by the employee for personal motives unrelated to the furtherance of the employer's business." (Ibid.) The New York court concluded: "Here, [the guard's] outrageous conduct was in no way incidental to the furtherance of [the employer's] interest. The acts were committed for personal motives and were a complete departure from the normal duties of a security guard." (Id. at pp. 428-429.)