Legal Opinion

Williams v. TeDave Enterprises, Inc.

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

Decided September 30, 1997PublishedCited by 7 opinions

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

  1. Silver v. Sheraton-Smithtown InnAppellate Division of the Supreme Court of the State of New York · 1986
  2. Lindskog v. Southland Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Huyler v. RoseAppellate Division of the Supreme Court of the State of New York · 1982
  4. Cittadino v. DeGironimoAppellate Division of the Supreme Court of the State of New York · 1993
  5. Costa v. 1648 Second Avenue Restaurant Inc.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by7 opinions

  1. Wirth v. Wayside Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  2. GUTIERREZ, SAMIA v. LUTZ BROTHERS, INC.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Gutierrez v. DevineAppellate Division of the Supreme Court of the State of New York · 2013
  4. Gutierrez v. DevineAppellate Division of the Supreme Court of the State of New York · 2013
  5. Kain v. TestaAppellate Division of the Supreme Court of the State of New York · 2005

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