Lewis v. Jemanda New York Corp.

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered on or about July 12, 1999, granting defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff was allegedly injured on defendant’s premises when a fellow patron hit him over the head with a champagne bottle. Inasmuch as the incident was attributable to the sudden, unexpected and unforeseeable act of plaintiffs assailant, its prevention was beyond any duty defendant may have had as a landowner to its patrons (see, Davis v City of New York, 183 AD2d 683; Lindskog v…