DelGrande v. County of WestChester
Cases that cite this one
5 later published cases cite this decision.
- Clark v. City of New York (Appellate Division of the Supreme Court of New York 2015)
- Clark v. City of New York (Appellate Division of the Supreme Court of New York 2015)
- Ravner v. Autun (Appellate Division of the Supreme Court of New York 2009)
- Doe v. Town of Hempstead Board of Education (Appellate Division of the Supreme Court of New York 2005)
- Narayanan v. City of New York (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the defendant Burns International Security Services appeals from an order of the Supreme Court, Westchester County (Murphy, J.), entered January 18, 2001, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
The plaintiff, as a patient of WCMC, was a potential intended third-party beneficiary of the security contract between Burns and the County of Westchester (see Flynn v Niagara Univ., 198 AD2d 262, 264; cf. Buckley v I.B.I. Sec. Serv., 157 AD2d 645). Accordingly, to recover, the plaintiff would have to show that Burns had “assumed a duty to exercise reasonable care to prevent foreseeable harm to [him]” (Eaves Brooks Costume Co. v Y.B.H. Realty Corp., 76 NY2d 220, 226; see Flynn v Niagara Univ., supra at 264; World, Trade Knitting Mills v Lido Knitting Mills, 154 AD2d 99, 106). However, assuming that the pursuit by the security guard and the “redstone alert” that was being broadcast may give rise to a triable issue as to whether Burns had notice that the plaintiff was in need of restraint, fatal to the plaintiff’s claim is his failure to show this pursuit is in any way an act of negligence.
Accordingly, the Supreme Court should have granted Burns’s motion for summary judgment dismissing the complaint insofar as asserted against it. Santucci, J.P., Altman, Townes and Crane, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.