HORST v. 725 FOOD CORP.


248 A.D.2d 184 (1998)

669 N.Y.S.2d 811

Patricia Horst, Appellant, v. 725 Food Corp., Doing Business as Key Food, Respondent

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

March 10, 1998


The tossing of a potato, which struck plaintiff in the face, by an unidentified patron of defendant was an unexpected and unforeseeable occurrence that defendant had no opportunity to control, and for which it therefore cannot be held liable. There is no evidence that the patron had ever exhibited dangerous or violent behavior before the incident, and immediately after she did, by hitting the manager with a sack of potatoes, the manager went to call the police, and it was...

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