RICHARD COON, plf-res, v. HOTEL GANSEVOORT GROUP, LLC, def-res, SECURITY SERVICES INC. def-ap

4040. RICHARD COON, plf-res, v. HOTEL GANSEVOORT GROUP, LLC, def-res, SECURITY SERVICES INC. def-ap — Lewis Johs Avallone Aviles, LLP, New York (Dylan Braverman of counsel), for ap — Sanocki Newman & Turret, LLP, New York (Joshua Fogel of counsel), for Richard Coon, res — Perez & Cariello, Uniondale (Edgar Matos of counsel), for Hotel Gansevoort Group, LLC, res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about November 23, 2015, which, to the extent appealed from as limited by the briefs, denied defendant Security Services Inc.'s (SSI) motion for summary judgment dismissing the amended complaint and all cross claims asserted against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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4040. RICHARD COON, plf-res, v. HOTEL GANSEVOORT GROUP, LLC, def-res, SECURITY SERVICES INC. def-ap — Lewis Johs Avallone Aviles, LLP, New York (Dylan Braverman of counsel), for ap — Sanocki Newman & Turret, LLP, New York (Joshua Fogel of counsel), for Richard Coon, res — Perez & Cariello, Uniondale (Edgar Matos of counsel), for Hotel Gansevoort Group, LLC, res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about November 23, 2015, which, to the extent appealed from as limited by the briefs, denied defendant Security Services Inc.’s (SSI) motion for summary judgment dismissing the amended complaint and all cross claims asserted against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Summary judgment was warranted in this personal injury action, where SSI, an independent security contractor for defendant hotel, established that it did not owe plaintiff a duty of care (see Solomon v. City of New York, 66 NY2d 1026, 1027 [1985]). The oral contract between SSI and the hotel did not extend, contractually, to plaintiff, a hotel patron who was allegedly assaulted, without warning, by another patron while the assailant was being escorted out of the hotel by an employee of SSI (see Mitchell v. Long Acre Hotel, 147 AD3d 567, 567 [1st Dept 2017]). Nor did any of the Espinal exceptions apply (see Espinal v. Melville Snow Contrs., 98 NY2d 136, 138-139, 140 [2002]; Mitchell, 147 AD3d at 567).

RICHARD COON, plf-res, v. HOTEL GANSEVOORT GROUP, LLC, def-res, SECURITY SERVICES INC. def-ap

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