DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
The plaintiffs commenced this action to recover damages, inter alia, for personal injuries allegedly sustained by the plaintiff Kenneth Benitez on December 11, 1995, when he was assaulted while a guest at the respondents' hotel. Contrary to the appellants' contention, the criminal conduct in question was not foreseeable as a matter of law (see, Jacqueline S. v. City of New York, 81 N.Y.2d 288; Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507; Novikova v. Greenbriar Owners Corp., 258 A.D.2d 149; cf., Kender v. Taj Mahal Hotel, 234 A.D.2d 519). Accordingly, the Supreme Court properly granted the respondents' motion for summary judgment dismissing the complaint insofar as asserted against them and the cross claim against them.
SANTUCI, J.P., McGINITY, LUCIANO AND SCHMIDT, JJ., concur.