WALLS v. KRASDALE FOODS, INC.


266 A.D.2d 5 (1999)

697 N.Y.S.2d 612

BURL WALLS et al., Appellants, v. KRASDALE FOODS, INC., Respondent. (And a Third-Party Action.)

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

Decided November 4, 1999.


The motion court properly determined that plaintiff's injuries were not attributable to defendant's conduct but to the intervening and superceding act of an unknown assailant (see, Harris v New York City Hous. Auth., 187 A.D.2d 362). Nor, even if proven, would plaintiff's status as a special employee of defendant have given rise to a duty on defendant's part to protect him from the acts of a third party, such as his assailant, beyond...

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