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Featured Case

Hotel Was Negligent as a Matter of Law in This Third-Party Assault Case; Plaintiff’s Decedent Was Stabbed to Death at a Party at the Hotel; There Was an Extensive History of Criminal Activity at the Hotel and There Was No Security on the Night of the Stabbing

The Second Department determined that the facts of this case supported a finding that the hotel (Howard Johnson) where plaintiff’s decedent was stabbed to death was negligent as a matter of law. There was an extensive history of criminal acts, including assaults, at the hotel and there was no security on the night of the stabbing: “ ‘[T]he duty to employ protective measures arises when it is shown that the possessor of the property either’knows or has reason to know from past experience that there is a likelihood of conduct on the part of third persons . . . which is likely to endanger the safety of the visitor’ ...”. Davis v Commack Hotel, LLC, 2019 N.Y. Slip Op. 05385, Second Dept 7-3-19

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.