CheckRequirement For writing memorandum all required information is given below read carefully before writing memorandum

Q:write memorandum is support of summery judgment in favor of the defendant on the ground that defendant is not vicarious liable.? (here are documents from 1 to 6 which will help full in writing memo.

given documents read before write memorandum given documents based on instruction (mean what are primary requirement to write memorandum ,and remains document are complaint ,answer ,affidavit letter to intent and case/citation which have to use while write memo)

for legal frame work there are that points A,TO F YOU have to write on thatLegal Framework (what is necessary to establish vicarious liability?) B. Worked at his own convenience?

C. Was free to engage in other employment? D. Received fringe benefits? E. Was on the employer's payroll? F. Was on a fixed schedule?

No1Document is about instruction

judgment. Your anonymous assignment submission will include: (i) An introduction; (ii) A legal standard section; (iii) An argument section (using CREAC); and (iv) Point headings. You are representing the defendants in this action. You will be writing a Memorandum of Law in Support of a Motion for Summary Judgment. Your argument is that, as a matter of law, there are no material facts in genuine dispute, and that judgment can be granted as a matter of law. STEP ONE - RESEARCH: I have provided you with several cases to use to write your brief. Pay careful attention to the rule of law. Keep track of cases where the legal issue arises as to whether defendant is liable for the acts of their employee or whether the tortfeasor is instead an independent contractor. Please do not feel obligated to use every caseuse as many cases as you believe are necessary to advance your argument. Feel free to do research on your own if you would like more clarification on the subject matter of your memo, but only cite to the cases provided. To be clear, the cases that I have provided are sufficient for the assignmentyou do not need other cases, nor should you cite to other cases. However, I encourage you to research on your own if you would like to understand the the legal framework of your argument better. This also has the added benefit of providing you with an opportunity to practice your legal research skills in a way that is relevant and beneficial. STEP TWO - WRITING THE MOTION BRIEF: The general format for your work should be as follows: Omit from your finished work the caption, statement of facts, conclusion, and signature. Given the brevity of this assignment (3,000 words), write only the legal argument. This assignment is due Friday, October 27, 2023 at 11:59 p.m. on Canvas. Introduction (a/k/a Preliminary Statement) In this brief introductory section, you will tie together the law, the facts, and the theme. This is an opportunity to tell the reader what the case is about from your client's point of view.

-2- Your Introduction should include: (i) the parties; (ii) the requested relief; (iii) why you should win; and (iv) your theme. This section should only be several paragraphs. Standard for Motions for Summary Judgment In this brief section, explain (as I've stated above) that no material facts exist and thus this motion can be decided as a matter of law. You must cite authority for these statements. Defendants Are Not Vicariously Liable This section is the crux of your argument. Using the case law that you have found, structure your argument around the law and main points you wish to put before the court. Your organization will be influenced by two things: (1) What do the courts say is the rule regarding vicarious liability in tort law? (2) What issues are raised in this case? The structure of the argument is one for the students to shape, using good judgment. Use parallel citation form for New York cases

1. -3- Instructions Format Your assignment must comply with these requirements: Limit of 3,000 words Typeface no smaller than 12-point One-inch margins all around Page numbers at the bottom center of each page Double spaced Word Count Certification On the last page of your assignment (after all of your content and as a separate page), please type the following: In accordance with 22 NYCRR 202.8-b, I hereby certify that the word court in this Memorandum of Law in Support of Defendants' Motion for Summary Judgment, inclusive of point headings and footnotes and exclusive of captions, signature blocks, and pages containing the table of contents, table of citations, proof of service, certificate of compliance, or any authorized addendum containing statutes, rules, regulations, etc., is ________. I have relied on the word count function of Microsoft Word to prepare this certification. Integrity Certification Below the Word Count Certification, please type the following, if you can do so honestly: I certify that I have complied with all instructions and policies for this assignment. Anonymous Submission Submit your assignment electronically in .doc or .docx format, without your name in the file name, on Canvas. Please do not include your name or any identifying information in your document. If Canvas is down when the assignment is due, you may email your assignment to one of your teaching assistants. Do not email the assignment unless Canvasnot your computeris down. Computer problems are not a legitimate excuse for missing the deadline. Collaboration and Academic Integrity You may find it useful to discuss the facts and law for this assignment with your classmates; such discussion is permitted. However, you must write your own assignment, and before turning in your assignment, you may not read another student's work. Students are not allowed to assist each other with written work by reading, reviewing, or providing feedback on drafts. Further, students are not allowed to receive assistance in any form from anyone else, including friends and family members, but are permitted to request assistance from Academic Support.

-4- Evaluation Professionalism Follows all instructions and formatting requirements. Document Organization Includes required sections in the correct sequence. Introduction Persuasively weaves together theme, facts, law, and requested relief. Legal Standard Persuasively presents procedural standard with useful citations and parentheticals. Argument (1) Organizes argument using CREAC framework for legal analysis. (2) Includes a persuasive roadmap. (3) Includes persuasive headings that are complete sentences. (4) Identifies and synthesizes controlling rules and authorities and presents them persuasively. (5) Explains controlling rules using persuasive anchors. (6) Applies anchors persuasively to facts, which are presented accurately and persuasively. (7) Makes persuasive arguments based in law and fact. (8) Draws relevant analogies and distinctions to develop persuasive analysis. (9) Anticipates counterarguments using legal authorities and rebuts them persuasively. Writing Style (1) Uses headings, transitions, and thesis sentences. (2) Has minimal spelling, grammar, punctuation, or typographical errors. (3) Uses persuasive tone. (4) Uses plain language. Citation (1) Properly cites authority for all legal propositions. (2) Uses parentheticals effectively and correctly. Research Finds and uses relevant cases to put forward a persuasive and thorough argument.

DOCUMENT NO2 IS complaint

Prof. George Alissandratos - LRAW II - Fall 2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------- x LIONEL MESSI, Plaintiff, -against- AL NASSR CHIROPRACTIC LLC and CRISTIANO RONALDO, Defendants. SUMMONS Index No. 123456/2023 ---------------------------------------------------------------------- x TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer; or, if the Complaint is not served with this Summons, to serve a Notice of Appearance upon the Plaintiff's attorneys, within twenty (20) days after the service of this Summons, exclusive of the date of service, or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York. If you fail to so appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: Queens, New York September 26, 2023 ST. JOHN'S LAW, P.C. By: George Alissandratos Attorneys for Plaintiff 8000 Utopia Parkway, Room 2-22 Queens, New York 11439 (718) 9..g@stjohns.edu Defendants' Addresses: AL NASSR CHIROPRACTIC CRISTIANO RONALDO 8001 Utopia Parkway 8001 Utopia Parkway Jamaica, New York 11432 Jamaica, New York 11432

-1- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------- x LIONEL MESSI, Plaintiff, -against- AL NASSR CHIROPRACTIC LLC and CRISTIANO RONALDO, Defendants. COMPLAINT Index No. 123456/2023 ---------------------------------------------------------------------- x Plaintiff Lionel Messi, by his attorneys, St. John's Law, P.C., as and for his Complaint in the above-captioned action, respectfully alleges as follows: I. Nature of Case 1. This is a personal injury action brought against Defendants Al Nassr Chiropractic LLC and Cristiano Ronaldo for the negligence of their employee, Kepler Laveran de Lima Ferreira, also known as Pepe. II. Parties 2. Plaintiff Lionel Messi ("Messi") is an individual residing at 33 St. John's Street, Jamaica, New York. 3. Upon information and belief, Defendant Al Nassr Chiropractic LLC ("ANC") is a limited liability company duly formed and existing under the laws of the State of New York with a principal place of business at 8001 Utopia Parkway, Jamaica, New York.

-2- 4. Upon information and belief, ANC is engaged in the business of providing chiropractic and massage services. 5. Upon information and belief, Defendant Cristiano Ronaldo ("Ronaldo") is the sole owner of ANC. 6. Upon information and belief, at all times mentioned herein, Ronaldo was a licensed chiropractor under the laws of the State of New York. 7. Upon information and belief, Kepler Laveran de Lima Ferreira, also known as Pepe ("Pepe") is an employee and masseuse in the office of ANC. 8. Mr. Pepe, operating in the office of ANC, provided massage services. III. Facts 9. Plaintiff Messi had been a patient in the office of ANC since 2005, receiving services provided by Defendant Ronaldo. 10. On October 1, 2022, Messi complained to Defendant Ronaldo of neck pain. 11. Defendant Ronaldo gave Messi a chiropractic adjustment on October 1, 2022, and referred Messi to employee Mr. Pepe for a "therapeutic massage." 12. On October 3, 2022, Mr. Pepe administered a so-called "therapeutic massage" to Messi that was unduly forceful.

-3- 13. On October 4, 2022, Messi telephoned Defendant Ronaldo and complained that the massage given to him by Mr. Pepe caused increased pain in the neck and that the pain was persistent. 14. On October 6, 2022, Messi sought the services of his medical doctor, Dr. Kylian Mbappe, and asked for advice for his sore neck. CAUSE OF ACTION (Negligence) 15. Messi repeats and realleges the allegations contained in Paragraphs "1" through "14" above as if fully set forth herein. 16. Messi complains that the massage given to him by Mr. Pepe was provided in negligence and caused further damage. 17. [The remainder of the negligence allegations have been excerpted for the sake of brevity.] CAUSE OF ACTION (Vicarious Liability) 18. Messi repeats and realleges the allegations contained in Paragraphs "1" through "17" above as if fully set forth herein. 19. Messi alleges that Defendants ANC and Ronaldo (collectively "Defendants") are vicariously liable as the employers of employee Mr. Pepe. 20. Grounded upon the theory of respondeat superior, the Defendants and Mr. Pepe had a master-servant relationship on the date of Messi's service (i.e., October 3, 2022).

-4- 21. Upon information and belief, Mr. Pepe provided massage services in Defendants' office and shared a receptionist with Defendants. 22. Upon information and belief, Defendants referred clients to Mr. Pepe. 23. Defendants controlled and directed Mr. Pepe, creating a master-servant relationship. 24. Mr. Pepe was acting within the scope of his employment on October 3, 2022, when Messi was negligently injured by him. 25. The acts committed by Mr. Pepe were tortious, and Defendants, as Mr. Pepe's employers, are vicariously liable. 26. By reason of the foregoing, Messi has been injured by Defendants and demands compensatory damages in the amount of $1,000,000.00. [The rest of this page left intentionally blank.]

-5- WHEREFORE, Messi demands judgment against Defendants as follows: (i) On the First Cause of Action, [excerpted for brevity]; (ii) On the Second Cause of Action, for vicarious liability on the part of Defendants in the amount of $1,000,000.00; and (iii) For such other and further relief as this Court deems just and proper. Dated: White Plains, New York document no 3 is answer

Prof. George Alissandratos - LRAW II - Fall 2023 -1- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------- x LIONEL MESSI, Plaintiff, -against- AL NASSR CHIROPRACTIC LLC and CRISTIANO RONALDO, Defendants. ANSWER Index No. 123456/2023 ---------------------------------------------------------------------- x Defendants Al Nassr Chiropractic LLC and Cristiano Ronaldo, by their attorneys, Alpha Law, P.C., as and for their Answer to the Complaint filed in the above-captioned action, respectfully allege and respond as follows: 1. Admit the truth of the allegations set forth in Paragraph "1" of the Complaint. 2. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in Paragraph "2" of the Complaint. 3. Admit the allegations set forth in Paragraph "3" of the Complaint. 4. Admit the allegations set forth in Paragraph "4" of the Complaint. 5. Admit the allegations set forth in Paragraph "5" of the Complaint. 6. Admit the allegations set forth in Paragraph "6" of the Complaint. 7. Deny the allegations set forth in Paragraph "7" of the Complaint, except admit that Pepe is a masseuse that operates his business on the premises of Al Nassr Chiropractic

-2- LLC. Defendants deny that Mr. Pepe is an employee because Mr. Pepe performs his services as an independent contractor. 8. Admit the allegations set forth in Paragraph "8" of the Complaint to the extent that Mr. Pepe has an office and operates his business on the premises of Al Nassr Chiropractic LLC. 9. Admit the allegations set forth in Paragraph "9" of the Complaint. 10. Admit the allegations set forth in Paragraph "10" of the Complaint. 11. Admit the allegations set forth in Paragraph "11" of the Complaint to the extent that Cristiano Ronaldo treated Plaintiff by giving Plaintiff a chiropractic adjustment on October 1, 2022 and subsequently referred Plaintiff to Mr. Pepe for a "therapeutic massage," but deny the allegation that Mr. Pepe can be legally classified as an "employee." 12. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in Paragraph "12" of the Complaint. 13. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in Paragraph "13" of the Complaint, except admit that the receptionist took a voice message from Plaintiff for Cristiano Ronaldo. 14. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in Paragraph "14" of the Complaint.

-3- ANSWERING THE FIRST CAUSE OF ACTION 15. Defendants repeat, reallege, and incorporate by reference all prior responses set forth herein. 16. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in Paragraph "16" of the Complaint. 17. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in Paragraph "17" of the Complaint. ANSWERING THE SECOND CAUSE OF ACTION 18. Defendants repeat, reallege, and incorporate by reference all prior responses set forth herein. 19. Deny the allegation set forth in Paragraph "19" of the Complaint. 20. Deny the allegations set forth in Paragraph "20" of the Complaint. 21. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in Paragraph "21" of the Complaint. 22. Admit the allegations set forth in Paragraph "22" of the Complaint. 23. Deny the allegations set forth in Paragraph "23" of the Complaint. 24. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in Paragraph "24" of the Complaint.

-4- 25. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in Paragraph "25" of the Complaint. 26. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in Paragraph "26" of the Complaint. WHEREFORE, Defendants demand Judgment against Plaintiffs dismissing the Complaint; together with an award to Defendants of the costs and disbursements of defending this action; together with any other and further relief to the Defendants that this Court may deem just and proper. Dated: White Plains, New York September 26, 2023 ALPHA LAW, P.C. By:

Document no 4

Prof. George Alissandratos - LRAW II - Fall 2023 LETTER OF INTENT This Letter of Intent ("LOI"), dated February 1, 2022, is between Cristiano Ronaldo ("Ronaldo"), on behalf of Al Nassr Chiropractic LLC, and Kepler Laveran de Lima Ferreira, also know as Pepe ("Pepe"), an individual residing in New York state. BACKGROUND Ronaldo has been operating a chiropractic office located at 8001 Utopia Parkway, Jamaica, New York ("Chiropractic Office"). Ronaldo has an interest in expanding the services offered to his clients and has asked Pepe to provide therapeutic massage services by utilizing one of Ronaldo's offices. The parties agree as follows: 1. Ronaldo shall lease an office to Pepe, and Pepe shall use the leased office for purposes of therapeutic massage. 2. Pepe shall not engage in any other services, other than providing therapeutic massage, in the Chiropractic Office. 3. Ronaldo shall rent an office, the size of 30 feet by 30 feet, to Pepe, equipped with a file cabinet. Ronaldo is not responsible for providing a massage table, nor noise machine. Utilities are included in the monthly rent fee. 4. Pepe shall pay Ronaldo rent each month in the amount of $1,700. The lease is a month-to-month tenancy. Pepe shall provide one month security deposit. 5. Ronaldo shall provide a receptionist for Pepe, who will share her duties between Ronaldo and Pepe. The receptionist can answer phone calls and schedule Pepe's client appointments. 6. From time to time, as the need arises, Ronaldo and Pepe may refer clients to the other. In such case, the fees for services will not be shared. 7. Ronaldo and Pepe shall maintain separate billing arrangements with their respective clients. 8. Client files may be shared among Ronaldo and Pepe as may be necessary to properly treat shared clients. 9. The Chiropractic Office will be open during regular business hours, which are 10 AM to 7 PM, six days per week, and not on Sundays. Pepe shall not meet with his clients outside of business hours in the Chiropractic Office. REPRESENTATIONS AND WARRANTIES 10. Ronaldo represents and warrants that she is a licensed chiropractor and duly authorized to sign this LOI. 11. Pepe represents and warrants that he is a licensed masseuse and duly authorized to sign this LOI. Cristiano Ronaldo Kepler Laveran de Lima Ferreira (Pepe) Date: February 1, 2022 Date: February 1, 2022

document no5

Prof. George Alissandratos - LRAW II - Fall 2023 -1- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------- x LIONEL MESSI, Plaintiff, -against- AL NASSR CHIROPRACTIC LLC and CRISTIANO RONALDO, Defendants. AFFIDAVIT IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Index No. 123456/2023 --------------------------------------------------------------------- x STATE OF NEW YORK ) )SS.: COUNTY OF QUEENS ) CRISTIANO RONALDO, being duly sworn, deposes and says: 1. I am a chiropractor and solo practitioner with an office located in Jamaica, New York. The practice is called Al Nassr Chiropractic LLC, and it has been operating for several years. 2. I submit this Affidavit in support of Defendants' motion for summary judgment. 3. I provide strictly chiropractic services to my customers and not therapeutic massages. Some time ago, I approached Kepler Laveran de Lima Ferreira, also known as Pepe, and asked him if he wanted to provide therapeutic massages from an unused office space that I had. 4. Mr. Pepe agreed to rent the office from me and to provide therapeutic massages, which is a different kind of service for the public than what I provide.

-2- 5. We have our own clientele base, but on occasion, we might recommend that one of our individual clients receives the other service. 6. We share a receptionist who assists in booking our appointments. 7. Mr. Pepe pays me rent on a monthly basis. He has a month-to-moth tenancy. 8. I never provided Mr. Pepe with an employment contract, but instead he has a standard lease. 9. Mr. Pepe and I set our client fees independently of each other and we do not split fees. If I send a client to Mr. Pepe, then the fee that client pays is entirely his. The benefit to me is simply one of gratification that I could recommend a service to one of my clients. 10. We do not share print or web-based advertisements. 11. Our business cards do not list the other service. 12. I offer no payment to Mr. Pepe, but I do collect rent from him, which includes the fee for the utilities and the cost of sharing a receptionist. 13. Mr. Pepe is provided a client file should one of my clients see him, and vice- versa. 14. We maintain separate malpractice insurance, but my property insurance on the building covers his office.

-3- 15. We do not confer with each other about the hours we keep, although Mr. Pepe is not permitted to see patients outside of regular business hours. This is a stipulation of mine, and it is for property insurance purposes. ___________________________ CRISTIANO RONALDO Sworn to before me this 26th day of September, 2023 _________________________ Notary Public

Document no6 citations /case law you can choose any of two or three case which goes in favor of summery judgment and in defendant case you need to discuss these case in argument part

1) Andre v. Pomeroy, 35 N.Y.2d 361, 362 N.Y.S.2d 131 (1974). (2) Araneo v. Town Bd. for Town of Clarkstown, 55 A.D.3d 516, 865 N.Y.S.2d 281 (2d Dep't 2008). (3) Brill v. City of New York, 2 N.Y.3d 648, 781 N.Y.S.2d 261 (2004). (4) Bynog v. Cipriani Group, 1 N.Y.3d 193, 770 N.Y.S.2d 692 (2003). (5) Chuchuca v. Chuchaca, 67 A.D.3d 948, 890 N.Y.S.2d 573 (2d Dep't 2009). (6) Hill v. St. Clare's Hosp., 67 N.Y.2d 72, 499 N.Y.S.2d 904 (1986). (7) King v. Mitchell, 31 A.D.3d 958, 819 N.Y.S.2d 169 (3d Dep't 2006). (8) Krupp v. Aetna Life & Cas. Co., 103 A.D.2d 252, 479 N.Y.S.2d 992 (2d Dep't 1984). (9) Meehan v. County of Suffolk, 144 A.D.3d 640, 40 N.Y.S.3d 494 (2d Dep't 2016). (10) Rivera v. Fenix Car Serv. Corp., 81 A.D.3d 622, 916 N.Y.S.2d 169 (2d Dep't 2011). (11) Sanabria v. Aguero-Borges, 117 A.D.3d 1024, 986 N.Y.S.2d 553 (2d Dep't 2014). (12) Weinfeld v. HR Photography, Inc., 149 A.D.3d 1014, 52 N.Y.S.3d 458 (2d Dep't 2017). Statutes:

document 7 is templet you can use in writing the memorandum Page can be use while write memorandum

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------X Party 1 Plaintiff, -against- Party 2 Defendants. Index No. --------------------------------------------X MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ST. JOHN'S LAW, P.C. Attorneys for Defendants 8000 UTOPIA PARKWAY, ROOM 2-20

QUEENS, NEW YORK 11439 (718) 990-6600

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------X Party 1 Plaintiff, -against- Party 2 Defendants. Index No. --------------------------------------------X MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION II. STATEMENT OF FACTS III. ARGUMENT POINT I STANDARD OF REVIEW

-2- POINT II INSERT YOUR TEXT HERE A. Legal Framework B. Insert text here. C. Insert text here. D. Insert text here. E. Insert text here. F. Insert text here. IV. CONCLUSION

-3- Dated: Queens, New York Month Day, Year ST. JOHN'S LAW, P.C. By: Attorney Names Here Attorneys for Defendants 8000 Utopia Parkway, Room 2-20 Queens, New York 11439 (718) 990-6600 Attorney email address here (remove hyperlink)

j