Legal Opinion

Lebron v. Loco Noche, LLC

Appellate Division of the Supreme Court of the State of New York

Decided March 31, 2011PublishedCited by 2 opinions

1Opinion of the Court

*670In this personal injury action, plaintiff alleges that, while he was observing a fight at premises operated by Noche, an unknown assailant unexpectedly struck him with a bottle. Pursuant to a contract with Noche, MZE provided security services at the premises. The court properly determined that the complaint against Noche should be dismissed because plaintiff failed to raise a triable issue of fact as to whether the assault was foreseeable (see Zamore v Bar None Holding Co., LLC, 73 AD3d 601, 601 [2010]).

The court also properly determined that plaintiff failed to raise a triable issue of fact…

2Cases cited2 opinions

  1. Rahim v. Sottile Security Co.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Zamore v. Bar None Holding Co., LLCAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by2 opinions

  1. Aiello v. Burns International Security Services Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Aiello v. Burns International Security Services Corp.Appellate Division of the Supreme Court of the State of New York · 2013

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