Lebron v. Loco Noche, LLC
Appellate Division of the Supreme Court of the State of New York
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
- Rahim v. Sottile Security Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Zamore v. Bar None Holding Co., LLCAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by2 opinions
- Aiello v. Burns International Security Services Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Aiello v. Burns International Security Services Corp.Appellate Division of the Supreme Court of the State of New York · 2013