50 N.Y.2d 507 (1980)

William Nallan et al., Appellants, v. Helmsley-Spear, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1980.

Attorney(s) appearing for the Case

Joseph A. Suozzi, Morris Hirschhorn, Jeffrey G. Stark and Theodore H. Friedman for appellants.

Philip Hoffer, Raymond J. MacDonnell, Jerome Prince, Rose L. Hoffer and Peter T. Affatato for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and FUCHSBERG concur; Judge MEYER taking no part.


At about 7:15 P.M. on the evening of September 30, 1969, plaintiff William Nallan was shot in the back by an unknown assailant as he leaned over to sign a guest register that had been placed on a desk located in the lobby of a midtown Manhattan office building owned and operated by defendants. It is assumed by all parties that the assailant, who has never...

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