Murshed v. N.Y. Hotel Trades Council
| Decision Date | 25 March 2010 |
| Citation | 71 A.D.3d 578,898 N.Y.S.2d 25 |
| Parties | Ziaurrahia MURSHED, individually and as father and natural guardian of Taqia Choudhury, etc., Plaintiffs-Appellants, v. The NEW YORK HOTEL TRADES COUNCIL and Hotel Association of New York City Health Center, Inc., et al., Defendants-Respondents. |
| Court | New York Supreme Court — Appellate Division |
Klein Calderoni & Santucci, LLP, Bronx (Thomas Santucci of counsel), for appellants.
Kopff, Nardelli & Dopf LLP, New York (Martin B. Adams of counsel), for The New York Hotel Trades Council and Hotel Association of New York City Health Center, Inc., New York Hotel Trades Council and Hotel Association of New York City, Inc., respondents.
Gordon & Silber, P.C., New York (Andrew B. Kaufman of counsel), for K.B. Security Inc., respondent.
TOM, J.P., ANDRIAS, SWEENY, RENWICK, JJ.
Order, Supreme Court, Bronx County (Kenneth L. Thompson Jr., J.), entered on or about January 7, 2009, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff's infant left the Health Center where family members had gone for treatment,to see if her family had gone to a nearby fast food restaurant. Upon finding otherwise, she returned to the front lobby security desk in the company of an unidentified man who had approached her outside the building. The child did not respond to the guard's inquiry as to whether her mother was a visiting patient, but she did offer her mother's name, which the guard then announced over the building's intercom system. The mother did not appear. The child, meanwhile, engaged in a conversation with the unidentified man who persuaded her that he had seen her family a half a block away from the building. The unidentified man appeared to the guard to be genuinely concerned about the child's welfare.
The child and the man left the building together, without informing the security guard, although the guard did observe their departure.
The abduction and sexual assault of the infant was unforeseeable, given all the circumstances. There was no basis for finding that defendants had breached their obligation to implement reasonable, minimal security measures in light of the largely criminal-free Health Center environment ( see Maheshwari v. City of New York, 2 N.Y.3d 288, 778 N.Y.S.2d 442, 810 N.E.2d 894 [2004] ). The argument that defendants assumed an additional duty when the lobby security guard-approached by an 11-year-old girl who was looking for...
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...more vulnerable position than if FJC Security Services had never provided security. Murshed v. New York Hotel Trades Council & Hotel Assn. of N.Y. City Health Ctr., Inc., 71 A.D.3d 578, 579 (1st Dep't 2010); Rahim v. Sottile Sec. Co., 32 A.D.3d at 82. While plaintiff does claim FJC Security......
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...with Manhattanville that extended the security benefits thereunder to third parties such as plaintiffs (see Murshed v. New York Hotel Trades Counsel, 71 A.D.3d 578, 898 N.Y.S.2d 25). Since plaintiff was neither a party to the Contract nor was an intended third-party beneficiary thereof, the......
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