The defendant, Prudential Select Realty Inc., brought a motion for summary judgment to dismiss the plaintiff's claim against it.
The plaintiff alleged that Prudential Select was responsible for the wrongful conduct of its agent, Mr. Singh, who sold a property to the plaintiff in his personal capacity before completing his own purchase of the property.
The court found that Mr. Singh acted as a principal in the transaction, without the involvement or knowledge of Prudential Select, and that Prudential Select did not receive any commission.
Applying principles of vicarious liability, the court determined there was no genuine issue for trial against Prudential Select, as Mr. Singh's actions were not connected to his authorized employment with the brokerage.
The motion for summary judgment was granted, and the claim against Prudential Select was dismissed with costs.
