Riviello v. Waldron

In Riviello v. Waldron, 47 NY2d 297, 302, 391 N.E.2d 1278, 418 N.Y.S.2d 300 (1979), the Court of Appeals listed what it described as "useful guidelines" in determining whether the conduct of a particular employee, overall, falls within the permissible ambit of the employment. Among the factors to be weighed are: the connection between the time, place and occasion of the act; the history of the relationship between employer and employee as spelled out in actual practice; whether the act is one commonly done by such employee; the extent of departure from normal methods of practice; and whether the specific act was one that the employer could reasonably have anticipated. See Prosser, Torts [4th ed], 70 p. 461; Restatement, Agency 2d, 229.