Candelaria v. Morningside Heights
Mar 23, 2010OUTCOME: Denial of Summary Judgment Reversed
http://www.nycourts.gov/courts/ad2/calendar/webcal/decisions/2010/D26592.pdf The tavern owners established their prima facie entitlement to judgment as a matter of law by showing that they discharge ... d their duty to protect the plaintiff from harm on their property by interceding in the verbal altercation between a third party and the plaintiff, and by instructing the third party to leave the premises when he made a threatening remark. Under the circumstances presented, the appellants had no duty to protect the plaintiff from or to warn him about a sudden and unanticipated ambush- March 23, 2010 Page 2. CANDELARIA v LAKE AND MORNINGSIDE PROPERTIES, INC. style attack as he exited the premises, which was launched by the third party from a public area outside the bar at least one hour after the third party had been told to leave (see e.g. Taft v Connell, 285 AD2d 992; Novikova v Greenbriar Owners Corp., 258 AD2d 149; White v C
