AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

RICHARD KENDER et al., Respondents, v. TAJ MAHAL HOTEL, Appellant.

Ordered that the order is affirmed, with costs.

In light of the circumstances of the assault upon the infant plaintiff, the history of criminal acts — including a prior assault — on the defendant's premises, and the affidavit of the plaintiff's security expert, it cannot be said that the criminal conduct in question was unforeseeable as a matter of law ( see, Johnson v New York City Hous. Auth., 114 AD2d 438; compare, Iannelli v Powers, 114 AD2d 157, 162-163). This record raises issues of fact as to whether the defendant breached its duty to take minimal precautions to protect members of the public from such acts, and whether the defendant's negligence, if any, was the proximate cause of the infant plaintiff's injuries ( see, Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 519; Miller v State of New York, 62 NY 2d 506, 514; compare, Ospina v City of New York, 214 AD2d 551, 552). Accordingly, the Supreme Court properly denied the defendant's motion for summary judgment.

Use AI to get other relevant cases.

Comments

KENDER v. TAJ MAHAL HOTEL
(Dec 23, 1996)