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KENDER v. TAJ MAHAL HOTEL

234 A.D.2d 518 (1996)

651 N.Y.S.2d 913

Richard Kender et al., Respondents, v. Taj Mahal Hotel, Appellant

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

December 23, 1996

Ordered that the order is affirmed, with costs.

In light of the circumstances of the assault upon the infant plaintiff, the history of criminal acts — including a prior assault — on the defendant's premises, and the affidavit of the plaintiff's security expert, it cannot be said that the criminal conduct in question was unforeseeable as a matter of law (see, Johnson v New York City Hous. Auth., 114 A.D.2d 438

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