Opinion
July 27, 1998
Appeal from the Supreme Court, Kings County (Jackson, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly determined that there were no issues of fact with respect to whether the defendant Catholic Medical Center of Brooklyn and Queens, St. Mary's Hospital Division (hereinafter the Hospital) was vicariously liable for the acts committed by its employee (see, Mataxas v. North Shore Univ. Hosp., 211 A.D.2d 762; Kirkman v. Astoria Gen. Hosp., 204 A.D.2d 401; Heindel v. Bowery Sav. Bank, 138 A.D.2d 787). In addition, even though an employer can be held liable under a theory of negligent supervision where it cannot be held vicariously liable, there was no evidence submitted by the plaintiff to establish that the Hospital was aware or should have been aware of the employee's propensity for the conduct which allegedly caused the plaintiffs injury (see, Kenneth R. v. Roman Catholic Diocese, 229 A.D.2d 159, cert denied ___ U.S. ___, 118 S Ct 413; Mataxas v. North Shore Univ. Hosp., supra; Kirkman v. Astoria Gen. Hosp., supra).
Bracken, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.