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.