Legal Opinion
Kender v. Taj Hotel
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1996PublishedCited by 7 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Oshrin, J.), dated April 4, 1996, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In light of the circumstances of the assault upon the infant plaintiff, the history of criminal acts—including a prior assault—on the defendant’s premises, and the affidavit of the plaintiff’s security expert, it cannot be said that the criminal conduct in question was unforeseeable as a matter of law (see,…
2Cases cited5 opinions
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Miller v. State of New YorkNew York Court of Appeals · 1984
- Iannelli v. PowersAppellate Division of the Supreme Court of the State of New York · 1986
- Ospina v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Johnson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by7 opinions
- Jenkins v. EhmerAppellate Division of the Supreme Court of the State of New York · 2000
- Venetal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Pascarelli v. LaGuardia Elmhurst Hotel Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Benitez v. Sheraton Smithtown HotelAppellate Division of the Supreme Court of the State of New York · 2000
- Cyzio v. Rihga International U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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