Walls v. Krasdale Foods, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Barry Salman, J.), entered March 5, 1998, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The motion court properly determined that plaintiffs injuries were not attributable to defendant’s conduct but to the intervening and superceding act of an unknown assailant (see, Harris v New York City Hous. Auth., 187 AD2d 362). Nor, even if proven, would plaintiffs status as a special employee of defendant have given rise to a duty on defendant’s part to protect him from the acts of a third party,…
2Cases cited4 opinions
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Purdy v. Public AdministratorNew York Court of Appeals · 1988
- People v. LainfiestaAppellate Division of the Supreme Court of the State of New York · 1999
- Harris v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by1 opinion
- Cordeiro v. Shalco InvestmentsAppellate Division of the Supreme Court of the State of New York · 2002