CYZIO v. RIHGA INTERNATIONAL INC (1997)

Supreme Court, Appellate Division, First Department, New York.

Chester T. CYZIO, Plaintiff-Respondent, v. RIHGA INTERNATIONAL U.S.A., INC., Defendant-Appellant.

Decided: November 13, 1997

Before SULLIVAN, J.P., and MILONAS, WALLACH, WILLIAMS and TOM, JJ.

Donald T. Kiley, for plaintiff-respondent. Larry H. Lum, for defendant-appellant.

Order, Supreme Court, New York County (Emily Goodman, J.), entered April 8, 1997, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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 unforeseeable 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, 651 N.Y.S.2d 913).

MEMORANDUM DECISION.

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