TORRES v. CONSOLIDATED EDISON COMPANY, N.Y

No issue of fact exists as to whether any negligence by respondent security contractor contributed to the assault on plaintiff. It is uncontested that said respondent's guards were specifically instructed, in the event of an emergency, to call a supervisor engaged by defendant premises owner for instructions as to how to respond, which was done by one of said respondent's guards, who then called 911 as instructed by the supervisor. Despite plaintiff's consultant's affidavit, the guards responded exactly as required by the premises owner. We have considered and rejected plaintiffs' other arguments.

Concur — Rosenberger, J. P., Ellerin, Williams and Andrias, JJ.