Opinion
July 12, 1996
Appeal from the Supreme Court, Onondaga County, Hayes, J.
Present — Denman, P.J., Pine, Callahan, Balio and Davis, JJ.
Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant Charleen Bowman, individually and doing business as Oswego Plaza Liquors, for summary judgment dismissing the complaint against her. Bowman is not liable under the Dram Shop Act (General Obligations Law § 11-101) because she did not sell alcohol to defendant Chris S. Thayer, the alleged tortfeasor, or unlawfully assist in procuring alcohol for him ( see, D'Amico v Christie, 71 N.Y.2d 76, 83; Casselberry v. Dominick, 143 A.D.2d 528, lv denied 73 N.Y.2d 706). The doctrine of respondeat superior does not apply because Thayer, Bowman's employee, was acting outside the scope of his employment when the accident occurred ( see generally, Lundberg v. State of New York, 25 N.Y.2d 467, rearg denied 26 N.Y.2d 883). Although plaintiff raised an issue of fact whether Thayer was acting within the scope of his employment while at Steven Duffy's house, the accident occurred after Thayer had left Duffy's house and was traveling to his sister-in-law's house to order pizza. Because that was strictly a personal errand not necessitated by Thayer's employment, Bowman cannot be held vicariously liable for Thayer's alleged negligence ( see, Swartzlander v. Forms-Rite Bus. Forms Print Serv., 174 A.D.2d 971, affd 78 N.Y.2d 1060; see also, Torelli v. City of New York, 176 A.D.2d 119, 123, lv denied 79 N.Y.2d 754).