Moroshkin v Trinity Church
2022 NY Slip Op 00254 [201 AD3d 503]
January 13, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2022


[*1]
 Sergei Moroshkin, Appellant,
v
Trinity Church, Respondent.

Sergei Moroshkin, appellant pro se.

Schwab & Gasparini, PLLC, White Plains (Louis U. Gasparini of counsel), for respondent.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered June 30, 2021, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff alleges that defendant's security guard sprayed him with a white powder, causing his tooth to need extraction. However, plaintiff fails to allege that the guard's act was within the scope of his duties for defendant and therefore fails to state a cause of action against defendant (see e.g. Yeboah v Snapple, Inc., 286 AD2d 204 [1st Dept 2001]).

We have considered plaintiff's remaining contentions and find them unavailing. Concur—Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.