Afanador v. Coney Bath, LLC
Cases that cite this one
17 later published cases cite this decision.
- Hegarty v. Tracy (Appellate Division of the Supreme Court of New York 2015)
- Eidelberg v. G4S Secure Solutions (USA) Inc. (New York Supreme Court, New York County 2024)
- Forgione v. Quiet Man Pub, Ltd. (Appellate Division of the Supreme Court of New York 2022)
- Martinelli v. Dublin Deck, Inc. (Appellate Division of the Supreme Court of New York 2021)
- Oblatore v. 67 W. Main St., LLC (Appellate Division of the Supreme Court of New York 2019)
- Daniels v. Dairy Queen Grill & Chill (Appellate Division of the Supreme Court of New York 2019)
- Scharff v. L.A. Fitness InternaTional, LLC (Appellate Division of the Supreme Court of New York 2016)
- Kranenberg v. TKRS Pub, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Kranenberg v. TKRS Pub, Inc. (Appellate Division of the Supreme Court of New York 2012)
- York v. Paddy's Loft Corp. (Appellate Division of the Supreme Court of New York 2022)
- Wall v. Starbucks Corp. (Appellate Division of the Supreme Court of New York 2022)
- Covelli v. Silver Fist, Ltd. (Appellate Division of the Supreme Court of New York 2018)
- Gentile v. Town & Vil. of Harrison, N.Y. (Appellate Division of the Supreme Court of New York 2016)
- Solomon v. National Amusements, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Tafsiou v. Arms Acres (Appellate Division of the Supreme Court of New York 2014)
- Daly v. Finley (Appellate Division of the Supreme Court of New York 2012)
- Daly v. Finley (Appellate Division of the Supreme Court of New York 2012)
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
The plaintiff Torin Tuggle (hereinafter the plaintiff) allegedly was injured when he was stabbed in the ribcage at a restaurant owned, in part, by the defendant Peggy O’Neill’s, Inc. (hereinafter the defendant). The plaintiff contends, inter alia, that the defendant was negligent in failing to protect him from the assault. The defendant moved for summary judgment dismissing the complaint insofar as asserted against it, arguing that it had not breached any duty it owed to the plaintiff because the assault was a spontaneous and unforeseen act by a third party for which it could not be held liable.
“While landowners in general have a duty to act in a reasonable manner to prevent harm to those on their property, an owner’s duty to control the conduct of persons on its premises arises only when it has the opportunity to control such persons and is reasonably aware of the need for such control” (Millan v AMF Bowling Ctrs., Inc., 38 AD3d 860, 860-861 [2007]; see D’Amico v Christie, 71 NY2d 76, 85 [1987]). Accordingly, the owner of a public establishment has no duty to protect patrons against unforeseeable and unexpected assaults (see Katekis v Naut, Inc., 60 AD3d 817, 818 [2009]; Millan v AMF Bowling Ctrs., Inc., 38 AD3d at 861).
The defendant demonstrated, prima facie, its entitlement to judgment as a matter of law based upon, inter alia, the
Accordingly, the Supreme Court properly granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff against it. Skelos, J.E, Hall, Austin and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.