Legal Opinion
Mason v. Ben Roy Das, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 2006PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for assault, the plaintiff appeals from an order of the Supreme Court, Kings County (Johnson, J.), dated March 31, 2005, which granted the defendants’ motion to dismiss the complaint pursuant to CFLR 3211 (a) (7) for failure to state a cause of action.
Ordered that the order is affirmed, with costs.
The plaintiff allegedly was assaulted by an employee of the defendant Ben Roy Das, Inc. (hereinafter BRD), the owner of a gas station.
Contrary to the plaintiffs contentions, the complaint failed to state a cause of action to recover damages for negligent…
2Cases cited2 opinions
- Kenneth R. v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 1997
- Mataxas v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by5 opinions
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- Shu Yuan Huang v. St. John's Evangelical Lutheran ChurchAppellate Division of the Supreme Court of the State of New York · 2015
- Boadnaraine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- The Roman Catholic Diocese of Rockville Centre, NeUnited States Bankruptcy Court, S.D. New York · 2023