What is the test for determining whether an act was within the scope of employment?
"New York", United States of America
The following excerpt is from Saffar v. Albany Med. Ctr. Hosp., 2012 NY Slip Op 30489 (N.Y. Sup. Ct. 2012):
The issue of whether an act was within the scope of employment is a question of fact for the jury. fMcMindes v. Jones. 41 AD3d 1196 [4th Dept. 2007]; Frazier by Weston v. State. 64 NY2d 802 [1985]). In determining the scope of the employment, "the test has come to be whether the act was done while the servant was doing his master's work, no matter how irregularly, or with what disregard of instructions." (Riviello v. Waldron. 47 NY2d 297 [1979]).
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