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Haston v. East Gate Security Consultants

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 665 (N.Y. App. Div. 1999)

Opinion

March 22, 1999

Appeal from the Supreme Court, Nassau County (McCarty, J.).


Ordered that the order is affirmed, with costs.

The plaintiff was assaulted during the commission of a robbery at the bank where she was employed. She subsequently commenced this action against the security company which provided a uniformed, unarmed guard for the premises, alleging that the defendant was negligent in performing its services.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The defendant owed no contractual or common-law duty to protect the plaintiff from injury. The plaintiff was not a third-party beneficiary of the defendant's agreement to provide security services. Further, the defendant did not assume a duty to exercise reasonable care to prevent harm to the plaintiff by virtue of its contractual duty to provide an unarmed security guard ( see, O'Gorman v. Gold Shield Sec. Investigation, 221 A.D.2d 325; Abramian v. Travellers Hotel Assocs., 203 A.D.2d 398; Johnson v. McLane Assocs., 201 A.D.2d 436; Paradiso v. Apex Investigators Sec. Co., 91 A.D.2d 929; Bernal v. Pinkerton's, Inc., 52 A.D.2d 760, affd 41 N.Y.2d 938).

The plaintiff's remaining contentions are without merit.

Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Haston v. East Gate Security Consultants

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 665 (N.Y. App. Div. 1999)
Case details for

Haston v. East Gate Security Consultants

Case Details

Full title:ANNE P. HASTON, Appellant, v. EAST GATE SECURITY CONSULTANTS, INC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 22, 1999

Citations

259 A.D.2d 665 (N.Y. App. Div. 1999)
687 N.Y.S.2d 657

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