Jones v. Great American Grocery Store

—Judgment unanimously affirmed without costs. Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when another customer punched her in the face after a verbal altercation in the check-out line at defendant’s store. Supreme Court properly granted defendant’s motion to dismiss brought pursuant to CPLR 4401 (cf., Lacy v Guthrie Clinic, 184 AD2d 1057). Although defendant had a duty to exercise reasonable care to protect its customers, the sudden *941and unexpected physical attack upon plaintiff "is not a situation that [defendant] could reasonably have been expected…