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VENTURA v. STRUCTURAL CONCRETE CORP.

227 A.D.2d 235 (1996)

642 N.Y.S.2d 298

Doctor Ventura et al., Appellants, v. Structural Concrete Corporation et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

May 16, 1996

Defendants established that the injuries suffered by plaintiff in a shooting at an open construction site was not a foreseeable event, inasmuch as there is no proof in this record of any prior assaultive incidents at the job site. To premise liability on such circumstances would "`stretch the concept of foreseeability beyond acceptable limits'" (Santiago v New York City Hous. Auth., 63 N.Y.2d 761, 763). Further, the affidavit of...

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