HIRSCH v. SOLARES

7627. 159117/13.

166 A.D.3d 463 (2018)

85 N.Y.S.3d 764

2018 NY Slip Op 07828

David Hirsch, Respondent, v. Nicolas Solares, Defendant, and Hill Country New York, LLC, Doing Business as Hill Country Barbeque Market, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 15, 2018.


The motion court correctly found that issues of fact exist whether defendants breached a duty to maintain safe premises and protect their patrons from assaultive conduct by third parties and whether reasonable security measures could have thwarted or minimized the injury plaintiff suffered at the hands of defendant Solares (see King v Resource Prop. Mgt. Corp., 245 A.D.2d 10 [1st Dept...

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