In Judith M. v. Sisters of Charity Hospital, 93 NY2d 932, 933, 715 N.E.2d 95, 693 N.Y.S.2d 67 (1999) the Court of Appeals reiterated its well settled jurisprudence in determining the scope of employment where the doctrine of respondeat superior is asserted to impute vicarious liability to employers). The Judith M. Court held that where "an employee for purposes of his own departs from the line of his duty so that for the time being his acts constitute an abandonment of his service, the master is not liable'" (id. quoting Jones v. Weigand, 134 App Div 644, 645, 119 N.Y.S. 441 1909, quoted in Baker v. Allen & Arnink Auto Renting Co., 231 NY 8, 13, 131 N.E. 551 1921). Just as the Judith M court found that "assuming plaintiff's allegations of sexual abuse are true, it is clear that the employee there departed from his duties for solely personal motives unrelated to the furtherance of the Hospital's business" (Judith M. Sisters of Charity, 93 NY2d at 933), Kern and the other employees also "departed from their duties for solely personal motives unrelated to the furtherance of L & B Gardens' business" (id.).