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Vasser v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 611 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

Appeal from the Supreme Court, Suffolk County (Underwood, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's decedent was killed while attending a social function at the Henry James Jones Veterans of Foreign Wars Memorial Hall. She was struck by a stray bullet from an exchange of gunfire between other patrons. The plaintiff brought this action against, among others, the respondent Henry James Jones Veteran's Memorial, Inc., as the landlord-lessor of the premises.

The plaintiff's allegations are insufficient to establish a prima facie case that the gunfight was foreseeable to the respondent. Accordingly, the respondent had no duty to undertake even minimal security measures to protect the decedent ( see, Jacqueline S. v. City of New York, 81 N.Y.2d 288; Miller v. State of New York, 62 N.Y.2d 506; Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507; Davis v. City of New York, 183 A.D.2d 683).

We have considered the plaintiff's remaining contentions and find them to be without merit. Rosenblatt, J.P., Miller, Ritter and Friedmann, JJ., concur.


Summaries of

Vasser v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 611 (N.Y. App. Div. 1996)
Case details for

Vasser v. Gordon

Case Details

Full title:SANDRA VASSER, Individually and as Administratrix of the Estate of SANDRA…

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

Date published: Feb 20, 1996

Citations

224 A.D.2d 611 (N.Y. App. Div. 1996)
639 N.Y.S.2d 53