Wendy Hong Wu v. Dunkin' Donuts, Inc.

OPINION AND ORDER

ROSS, District Judge.

This case addresses whether a franchisor may be held liable under New York law for an attack by third parties on an employee of its franchisee. In the early morning hours of May 25, 1999, Wendy Hong Wu was working alone at a twenty-four hour donut store owned by defendant Turnway Donuts, Inc. (“Turnway”), under a franchise agreement with defendant Dunkin’ Donuts, Inc. (“Dunkin’ Donuts” or “DD”). Two teenagers entered the store, gained access to the employee area behind the counter, and brutally attacked and raped Ms. Wu. Ms. Wu and her husband, Arthur…