Legal Opinion

Mulvihill v. Wegmans Food Markets, Inc.

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

Decided November 12, 1999PublishedCited by 3 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. Plaintiff was assaulted by a group of males in defendant’s parking lot at approximately 2:00 a.m. Plaintiff alleged that defendant was negligent in failing to provide adequate security to prevent the attack. Defendant has no duty “to take protective measures unless it is shown that [it] either knows or has reason to know from past experience ‘that there is a likelihood of conduct on the part of third persons * * * which is likely to endanger…

2Cases cited5 opinions

  1. Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
  2. Jacqueline S. v. City of New YorkNew York Court of Appeals · 1993
  3. Polomie v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Jarosz v. 3135 Johnson Tenant Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Gray v. Forest City Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

3Cited by3 opinions

  1. Florman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  2. Perez v. CumbaConnecticut Appellate Court · 2012
  3. Brown v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2023

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