Horst v. 725 Food Corp.

—Judgment, Supreme Court, New York County (Edward Lehner, J.), entered on or about June 27, 1997, dismissing the complaint, and bringing up for review a prior order, which, in an action by plaintiff store patron against defendant supermarket for failure to provide security, granted defendant’s motion for summary judgment, unanimously affirmed, without costs.

The tossing of a potato, which struck plaintiff in the face, by an unidentified patron of defendant was an unexpected and unforeseeable occurrence that defendant had no opportunity to control, and for which it therefore cannot be held…