Opinion
November 2, 1998
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Town of Hempstead, and the action against the remaining defendant is severed.
The plaintiff commenced the instant action to recover damages for injuries he allegedly sustained when he was assaulted by the defendant Ariel Sanchez after playing basketball with him and his friends in a Town of Hempstead park. The court denied the Town's motion for summary judgment dismissing the complaint insofar as asserted against it.
The Town had no duty to protect the plaintiff against unforeseeable and unexpected assaults (see, Scotti v. W.M. Amusements, 226 A.D.2d 522). The evidence in the instant record demonstrates that the assault upon the plaintiff was spontaneous and unexpected. Therefore, the Town was entitled to summary judgment (see, Scotti v. W.M. Amusements, supra; see also, Thomas v. United States Soccer Fedn., 236 A.D.2d 600; Elba v. Billie's 1890 Saloon, 227 A.D.2d 438; Karp v. Saks Fifth Ave., 225 A.D.2d 1014).
Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.