Dave & Buster’s Stabbing Lawsuit Dismissal Affirmed

In Valente v Dave & Buster’s of N.Y., Inc. 2018 NY Slip Op 01089 (App. Div. 2d Dept. Feb. 14, 2018), the court affirmed the dismissal of plaintiff’s personal injury lawsuit, arising from an assault at a Dave & Buster’s restaurant.

From the decision:

On October 8, 2010, the plaintiff was stabbed while at a restaurant and entertainment complex owned and operated by the defendants Dave & Buster’s of New York, Inc., Dave & Buster’s, Inc., and Dave & Buster’s Management Corporation, Inc. (hereinafter collectively the respondents). The plaintiff commenced this action, alleging, among other things, that he was injured as a result of the respondents’ inadequate security. The respondents moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against them, and the Supreme Court granted that branch of their motion.

The respondents had a duty to take minimal security precautions to protect members of the public from reasonably foreseeable criminal acts by third parties (see Sandra M. v St. Luke’s Roosevelt Hosp. Ctr., 33 AD3d 875, 878; Ayeni v County of Nassau, 18 AD3d 409, 410; Williams v Citibank, 247 AD2d 49, 51; Kirkman v Astoria Gen. Hosp., 204 AD2d 401, 402). Here, the respondents established their prima facie entitlement to judgment as a matter of law by showing that the criminal assault of the plaintiff was not foreseeable (see Kumar v Farber, 115 AD3d 567; Kranenberg v TKRS Pub, Inc., 99 AD3d 767, 768). In opposition, the plaintiff failed to raise a triable issue of fact.

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