Williams v. TeDave Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint against TeDave Enterprises, Inc., also known as Checker’s (defendant). Although a landowner has a duty to control the conduct of persons on his premises when he has the opportunity to control or is reasonably aware of the necessity to control (see, Lindskog v Southland Rest., 160 AD2d 842, 843; Huyler v Rose, 88 AD2d 755, appeal dismissed 57 NY2d 777), “[t]here is no legal duty to protect against an occurrence which is extraordinary in nature and, as such, would not suggest itself to a…
2Cases cited5 opinions
- Silver v. Sheraton-Smithtown InnAppellate Division of the Supreme Court of the State of New York · 1986
- Lindskog v. Southland Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Huyler v. RoseAppellate Division of the Supreme Court of the State of New York · 1982
- Cittadino v. DeGironimoAppellate Division of the Supreme Court of the State of New York · 1993
- Costa v. 1648 Second Avenue Restaurant Inc.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by7 opinions
- Wirth v. Wayside Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- GUTIERREZ, SAMIA v. LUTZ BROTHERS, INC.Appellate Division of the Supreme Court of the State of New York · 2013
- Gutierrez v. DevineAppellate Division of the Supreme Court of the State of New York · 2013
- Gutierrez v. DevineAppellate Division of the Supreme Court of the State of New York · 2013
- Kain v. TestaAppellate Division of the Supreme Court of the State of New York · 2005
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