Opinion
November 13, 1997
Appeal from the Supreme Court, New York County (Emily Goodman, J.).
In light of the circumstances of the assault upon plaintiff, a guest at defendant's hotel, the record of prior security reports, the location of the hotel, defendant's policy of allowing well-dressed persons to freely enter the hotel without challenge during the late night and early morning hours and the affidavit of plaintiff's security expert, it cannot be said that the assault was unforseeable as a matter of law. This record raises issues of fact as to whether defendant breached its duty to take minimal precautions to protect its guests from this type of criminal conduct, and, if so, whether such breach was the proximate cause of plaintiff's injuries (see, Kender v. Taj Mahal Hotel, 234 A.D.2d 518).
Concur — Sullivan, J. P., Milonas, Wallach, Williams and Tom, JJ.