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McANDREW v. HOTEL

262 A.D.2d 193 (1999)

693 N.Y.S.2d 20

JOSEPH H. McANDREW, Appellant, v. PIERRE HOTEL et al., Respondents.

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

Decided June 22, 1999.

We agree with the motion court that defendant hotel's duty to keep its building secure against foreseeable criminal activity did not extend to plaintiff, who, intending to patronize defendant's café, was assaulted on a public sidewalk just as he was about to enter the premises (see, Waters v New York City Hous. Auth., 69 N.Y.2d 225). Absent a duty, it does not avail plaintiff that the canopy defendant erected over its entrance...

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