Q: Please Write memorandum in support Motions for Summary Judgment defendant You must cite authority for these statements. Defendants Are Not Vicariously Liable

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part 2 are documents motion for summery judgment and answer read all material and write memorandum

part3 citation choose as much case you like and use for memorandum writing part 4 and last part is templet can be use for writing memorandum

1) Assignment I Professor George Alissandratos Due: Friday, October 27, 2023 by 11:59 p.m. For this assignment, you will write parts of a memo in support of a motion for summary 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.

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 September 26, 2023 ST. JOHN'S LAW, P.C. By: George Alissandratos Attorneys for Plaintiff 8000 Utopia Parkway, Room 2-20 Queens, New York 11439 (718) 990-6600

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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: Sergio Ramos Attorneys for Defendants 445 Hamilton Avenue White Plains, New York 10601 (914) 4..s@alphalaw.com

4)ASSIGNMENT I CASE CITATIONS Cases: (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 Det2017

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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)