Legal Opinion
Afanador v. Coney Bath, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 2012PublishedCited by 16 opinions
1Opinion of the Court
The plaintiff Torin Tuggle (hereinafter the plaintiff) allegedly was injured when he was stabbed in the ribcage at a restaurant owned, in part, by the defendant Peggy O’Neill’s, Inc. (hereinafter the defendant). The plaintiff contends, inter alia, that the defendant was negligent in failing to protect him from the assault. The defendant moved for summary judgment dismissing the complaint insofar as asserted against it, arguing that it had not breached any duty it owed to the plaintiff because the assault was a spontaneous and unforeseen act by a third party for which it could not be held…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Millan v. AMF Bowling Centers, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Katekis v. Naut, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Petras v. Saci, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by16 opinions
- Martinelli v. Dublin Deck, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Kranenberg v. TKRS Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Solomon v. National Amusements, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Scharff v. L.A. Fitness InternaTional, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Wall v. Starbucks Corp.Appellate Division of the Supreme Court of the State of New York · 2022
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